I’m a McKenzie Friend, and I always carefully consider this question when speaking to my clients. Usually, the answer is that you should have a solicitor if possible. However, for most of my clients, this isn’t an option due to cost or lack of legal aid availability, even if they have a legal aid certificate.
In my area, there are only four solicitor firms that handle legal aid cases for family matters, and they’re all fully booked. I recently spoke with a solicitor from a leading London law firm that is taking cases from the Northwest of England because the local firms are at capacity.
So if you’re going to be, or forced to be, a litigant in person, you might wonder if you need a McKenzie Friend. The answer is maybe. While the law is procedural and much of it can be done online, presenting your case effectively can be tough. A good McKenzie Friend can offer several benefits:
- A strong understanding of the law, processes, and how they apply.
- Knowledge of wider case issues like the role of CAFCASS, Children’s Guardians, or costs and disclosure in civil litigation.
- Help drafting and preparing statements or responses.
- Availability and clear communication – getting answers to your questions in a way that makes sense.
Since McKenzie Friends are currently unregulated, choosing the right one can be challenging. I work in a number of Law Clinics, and we recommend The Society of Professional McKenzie Friends as they require proof of knowledge, experience and insurance from their members. Even so, it’s essential to ask the right questions. I’ve written more about this on my website’s FAQs at www.tswcgroup.co.uk.