The McKenzie Friend Selection Guide
A guide explaining how to choose a competent McKenzie Friend and what they can legally do.
The McKenzie Friend Selection Guide
When faced with the daunting prospect of representing yourself in family court (acting as a Litigant in Person), a McKenzie Friend can be a lifeline. However, the industry is unregulated, and choosing the wrong person can severely damage your case.
What is a McKenzie Friend?
A McKenzie Friend is an individual who attends court with a Litigant in Person to provide moral support, take notes, help with case papers, and give quiet advice.
What a McKenzie Friend CAN do:
- Provide moral support and sit beside you in court.
- Take detailed notes of the proceedings.
- Help you organize your case papers and court bundle.
- Quietly suggest questions you might want to ask witnesses or points to raise with the judge.
What a McKenzie Friend CANNOT do:
- Speak on your behalf or address the court (unless granted specific "Rights of Audience" by the judge in exceptional circumstances).
- Act as your agent or manage the case entirely outside of court.
- Question witnesses directly.
Red Flags to Avoid
1. The "Aggressive Crusader" Avoid McKenzie Friends who are overtly anti-system, aggressive, or promise to "destroy" the other side. Family courts despise hostility. If your McKenzie Friend alienates the judge, you will pay the price.
2. Guarantees of Success No honest legal professional can guarantee an outcome in family court. If they promise you 50/50 custody simply by hiring them, walk away.
3. Lack of Transparency on Fees Ensure you agree on fees in writing beforehand. Will they charge for travel time? Reading time? Court waiting time?
How to Choose Wisely
Look for someone with a calm, objective demeanor. A good McKenzie Friend should act as a dampener to your emotions, not an accelerant. Ask about their experience with cases similar to yours, and ensure they have Professional Indemnity Insurance.