MCKENZIE FRIENDS…

A litigant in person has the right to have assistance from a layperson in the family courts. This layperson is sometimes called a ‘McKenzie Friend’. McKenzie Friends usually attend court appearances with the litigant-in-person and provide guidance to that person as they present their own cases to the court.

A litigant in person can apply for ‘Rights of Audience’. A successful ‘Rights of Audience’ application would allow the McKenzie Friend to address the court on the litigant’s behalf.

Some McKenzie Friends also provide a wide range of additional services, including preparation of the litigant’s case and emotional support.

McKenzie Friends often have a strong passion and insight into family law, which began with their own struggle to secure their relationship with their own children following separation and divorce.

MCKENZIE GUIDELINES

The following guidelines for McKenzie Friends are extracted from the guidelines provided by the President of the Family Division of The Judiciary of England and Wales on 14th October 2008. The guidelines were updated on 12th July 2010. The full set of guidelines can be found at the Judiciary of England and Wales website.

McKenzie Friends can:

• Provide moral support for the litigant
• Take Notes
• Help with case papers
• Quietly advise on points of law or procedure, issues that the litigant may wish to raise in court or questions the litigant may wish to ask witnesses

In relevant circumstances Dr Gill will recommend a litigant applies for ‘rights of audience’. A successful application will enable him to address the court and examine witnesses. When ‘rights of audience’ is granted, Dr Gill becomes an advocate.