FAQ's

 

What is a McKenzie Friend?

 

Normally a lay person who can assist you with planning and executing a civil or criminal case, grievance and disciplinary/ capability proceedures. Unlike a lawyer they normally have no formal legal training but many have experience of having gone through the process themselves which can be advantageous. Some have completed courses to learn more about the process. They are a much cheaper option than a solicitor but may not be not as versatile or regulated. This does not mean that a better or worse result is achieved however, as civil courts and particularly family courts are so variable in their verdicts.

 

Are you qualified?

 

I am not a qualified solicitor, I have a degree in Social Work and the professional Certificate of Qualification in Social Work. I studied Criminal and Family Law as part of my degree and have been involved with Criminal and Family Law professionaly or almost 20 years. I have recieved and delivered training in Legal and Policy updates including considerable invovlement in the Public Law Outline and maintain my knowledge through access to reasearch, current case law and legal authorities. 

 

Can a McKenzie Friend accompany me in court?

 

Not automatically. Permission has to be sought to accompany you. Refusal is becoming less likely as familiarity with McKenzie Friends increases. 

 

Can a McKenzie Friend represent me in Court?

 

A McKenzie Friend assists a litigant in person. Unlike a lawyer they have no right to address a court. In certain circumstances eg: you have difficulty expressing yourself or understanding the situation it may be possible for a McKenzie to be given permission to address the court, conduct cross examination etc. It is up to you as the litigant in person to persuade the court that the McKenzie Friend should be given a right of audience. A Mckenzie friend cannot usually accompany you into a disciplinary or employment tribunal.

 

Can a McKenzie Friend negotiate with the other parties in agreements?

 

Yes outside of the courtroom they can participate. They cannot however sign court orders and documents or act as your agent. They should not be writing agreements for you but you can talk to them and seek help from them with a draft that has already been filled out. Remember you are running your case, the McKenzie Friend is assisting you.

 

 

What if I disagree with my McKenzie Friend?

 

You can choose to act upon all, any or none of the help given. Due to the unregulated nature of the role, there is no complaints process as there is no external authority to review it. If you believe your McKenzie Friend has acted negligently and caused you material loss or harm, you would need to take out proceedings of your own. McKenzie friends may or may not be carrying insurance against negligence claims.

 

How does payment work?

 

Pay through bank transfer within 28 days of invoice. Details will be provided if your engage services.

 

 

 

 

 

 

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