Mackenzie Friends
A Mackenzie Friend is the name given to someone who goes to court to help someone without a lawyer.
A Mackenzie Friend is not a lawyer, and cannot represent you. They are there to support you. There are rules around what they can and cannot do.
They can provide you with support – keep you organised, remind you what you want to say, take notes, provide reassurance and suggestions, and help you organise your papers. It’s easy to be nervous at court and having someone with you can make a real difference.
They cannot speak for you. They can’t write to the court or the other party on your behalf, and cannot negotiate for you. They cannot sign court papers for you and they cannot be used as a correspondence address. It’s a criminal offence for a non-lawyer to ‘conduct litigation’.
There’s a great guide to Mackenzie Friends from Rights of Women that explains everything.
If you want to know how to be organised for court, Advice Now has a video on this.
You will need to ask the judge for permission for your Mackenzie Friend to come into court. In most cases, the judge will say yes, unless that person is connected to your case. In our area, judges are very used to having Mackenzie Friends in court.
If you want a Mackenzie Friend:
Think of a friend who is calm under pressure, not involved in your emotions, and very organised. Try to avoid people who might have feelings about the case, or relatives. You want someone who is going to be able to think and see things clearly.
While it can be useful if they are familiar with family court, avoid anyone with strong feelings about their own case in the past. You don’t want them to be influenced by anything other than the merits of your case.
NCLS has a Mackenzie Friend service called the Family Court Support Service for children cases (but not money cases). The Mackenzie Friends are free and very experienced. They are in short supply so if you want one let us know the time and place of your hearing as soon as possible.
Some other organisations also offer Mackenzie Friends for free. There are also some organisations that offer paid Mackenzie Friends, sometimes costing more than a lawyer. However, if you have the money to pay a Mackenzie Friend, you would be better off hiring a junior lawyer using ‘direct access’ or having a one-off meeting with a lawyer to help you prepare. The Rights of Women guide has an excellent section about this.
A Mackenzie Friend is different to having an independent domestic abuse advocate in court. IDVAs can help explain the court process and attend court with victim-survivors, so their role is similar but not the same.