Mckenzie Friend

Many of you may not have heard the expression ‘Mckenzie Friend’. This is the legally used jargon for someone like ourselves whom can act as support and basic advice in a court room. Often family or friends of the litigant in person provide this service as a matter of goodwill and assistance and we are more than happy for any of our clients to represent themselves in court or use a family or friend instead of us to save on costs once the matter reaches the point of trial.

For continuity we would always recommend the stability of one person or firms provision of service from start to finish as this builds up a relationship between the parties and a firm understanding of the potential outcomes and decisions that should be made.

However, every business, individual and particular case is always very different. Therefore if we have provided all we need to for you prior to any court hearing, we may even suggest that we step back and let you take on the hearing. We’ll always communicate with you and provide any options and advice we feel is warranted throughout the various stages

Please read through the following link on the use of a ‘Mackenzie Friend’, which is copied and pasted directly from the official government website, the ‘Courts and Tribunals Judiciary’ which is also linked with the main gov.uk website which provides information on all areas of government services and organisations.  

www.judiciary.uk/wp-content/uploads/JCO/Documents/Guidance/mckenzie-friends-practice-guidance-july-2010.pdf 

Our role will only technically become a ‘Mackenzie Friend’ service once court proceedings are commenced, at which point we have to take a step away from direct communications with the court  or the other parties involved. This is only a formality as we are not legally allowed to act as an agent on the case, such as signing paperwork. However, we can still provide assistance in completion of paperwork and ensure you have answered correctly etc prior to your signing and returning as our relationship becomes a service provider isolated from the direct proceedings.

Initially we have to apply to the courts for the judge to consider the use of a Mackenzie Friend for any small claims or family court trial. There would have to be extraordinary reason for this to be declined as it would provide a prejudice, especially as you will be classed as a litigant in person.  

In certain cases a judge will also consider an agreement to us actually ‘taking the stand’ for you and communicating directly with the court and the other parties in cross examination and direct responses etc. This allowance by court houses is becoming more common and acceptable, especially since the cease of the legal aid system and to ensure all parties get a fair trial whether represented by themselves, a Mackenzie Friend, a Solicitor or a Barrister.

Remember, we are here to try and provide the rightful outcome and to seek justification for our clients. Therefore we will always be honest and ensure you are aware of any decisions you make along the way. And as a 24/7 number is provided for you, there’ll always be the option of calling us to quell any concerns