By Michael Thompson
Falsely Accused Network
As legal aid cuts continue to bite and court fees spiral upward, more Britons are turning to McKenzie friends – non-lawyers who assist litigants in court. But while they offer a lifeline to many, experts warn this growing trend carries significant risks.
What is a McKenzie Friend?
Named after a 1970 divorce case, McKenzie v McKenzie, these courtroom companions can sit beside litigants in court, take notes, help organize documents, and quietly offer moral support and advice. Despite common misconceptions, they cannot address the court, sign documents, or conduct litigation – roles strictly reserved for qualified legal professionals.
"Think of them as a helping hand rather than a substitute lawyer," explains Sarah Thompson, a senior lecturer in law at King's College London. "They're meant to support, not represent."
The Cost Crisis
With legal aid spending slashed by £1 billion since 2013, and solicitors' fees averaging £250 per hour in London and £150 in other regions, McKenzie friends – who typically charge between £15 and £90 per hour – seem an attractive alternative. Ministry of Justice data shows their use has increased by 300% since 2013, with an estimated 40,000 court cases involving McKenzie friends in 2024 alone. The Law Society reports that 43% of family courts now see McKenzie friends in regular attendance, compared to just 13% in 2013.
The Dark Side
However, this surge in unregulated assistance has raised serious concerns. Unlike solicitors and barristers, McKenzie friends require no qualifications, face no regulatory oversight, and carry no mandatory insurance.
"We're seeing an alarming increase in horror stories," warns Richard Stevens, chairman of the Law Society's access to justice committee. "Our 2024 survey revealed that 28% of judges reported serious mistakes by McKenzie friends in their courtrooms, with 15% of cases requiring costly remedial action. People are losing homes, custody battles, and life savings due to poor advice from unqualified McKenzie friends who oversold their expertise."
Recent cases highlight these dangers. In Birmingham, a McKenzie friend advised a client to reject a reasonable divorce settlement, leading to costly proceedings that depleted the client's savings. In Manchester, another gave incorrect advice about child custody laws, significantly damaging the client's case.
Professional Standards Gap
While qualified lawyers must complete years of training, maintain professional insurance, and answer to regulatory bodies, McKenzie friends operate in a regulatory vacuum. They can set up shop after watching a few YouTube videos about court procedures. A 2024 Legal Services Board study found that only 12% of paid McKenzie friends held any form of legal qualification, and just 8% carried professional indemnity insurance. Despite this, 67% of them advertised themselves as "legal experts" or "court specialists."
The financial impact is significant. The Legal Ombudsman reports that the average loss suffered by clients due to poor McKenzie friend advice stands at £7,800, with some cases exceeding £50,000. In contrast, the maximum compensation limit for regulated legal professionals is £100,000, with mandatory insurance coverage.
"There's nothing stopping someone with no legal knowledge whatsoever from charging vulnerable people for potentially life-altering advice," notes Detective Inspector Claire Matthews, who investigates fraud cases involving unqualified legal advisers.
Protection Measures
Legal experts recommend several precautions for those considering a McKenzie friend:
1. Request detailed evidence of their experience and any relevant qualifications
2. Check for professional indemnity insurance
3. Ask for references from previous clients
4. Get all agreements in writing, including fees
5. Be clear about their limitations – they cannot provide legal representation
The Way Forward
The judiciary is currently considering reforms to regulate McKenzie friends, including mandatory registration and basic training requirements. A recent consultation received over 3,000 responses, with 82% supporting mandatory registration and 91% backing minimum training standards. However, these proposals remain in consultation phase. The Ministry of Justice estimates that implementing such regulations would cost approximately £2.3 million initially, but could save the courts system up to £15 million annually by reducing procedural errors and appeals.
"We need to strike a balance," says Lord Justice Williams. "Access to justice is vital, but so is protecting vulnerable people from unqualified advisers who may do more harm than good."
Founder of Falsely Accused Network position is clear. “If you can afford a solicitor or barrister then we suggest using one. If you're on a lower income then seeking support from a McKenzie friend can be useful and better than no help. However while McKenzie friends can provide valuable support, they are not a substitute for qualified legal representation. Those considering using one should proceed with extreme caution and understand the significant risks involved.”
As one former client who lost £30,000 following poor advice puts it: "The money I saved on legal fees ended up costing me everything I had. Sometimes the cheapest option becomes the most expensive mistake of your life."
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