27 September 2022

Litigants in Person & McKenzie Friends in the Family Court

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Litigants in Person & McKenzie Friends in the Family Court

Over the years, there has been a considerable increase in the number of Litigants in Person and McKenzie Friends attending the Family Court. Navigating around the Family Court is quite a challenging and daunting experience. As the legal system is complex, a litigant in person will be walking into an unfamiliar environment, and therefore may seek the assistance from a “McKenzie friend”.

What is a litigant in person?

Any individual who represents themselves in court proceedings is called a litigant in person (“LIP”). It is worth noting that the LIP can still seek legal assistance despite representing themselves. Often, the court may assist the person in different aspects to clarify the case.

There are also multiple sources of help to assist LIPs during court proceedings.

Mostly, litigants choose to represent themselves in court because they were ineligible for legal aid or could not afford the legal costs of hiring a solicitor.

McKenzie Friend

A McKenzie Friend is an individual who accompanies and supports a litigant in person during a court hearing. The McKenzie Friend cannot address the court or speak on behalf of the party acting in person. Usually, the court permits the attendance of a McKenzie Friend to ensure a level playing field.

Having a McKenzie friend can be advantageous since they can assist the party representing themselves to take notes, organize documents, and make suggestions. However, they cannot question witnesses and sign court documents. As such, the input and the support provided by the McKenzie Friends to the Litigants in Person is limited.

It is not required for McKenzie Friends to have a legal background. They are allowed to sit with the party in the court and give basic advice and prompts on points to make to the court.

Being represented by a qualified solicitor is still the preferable option for family court proceedings. In some cases, courts may restrict the support provided by the McKenzie friend or ban them from acting in the future in certain circumstances.

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

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