How To Become a McKenzie Friend: Training & Guidance

Going to court by yourself can be frightening and overwhelming. This is why many court systems allow people who don't have legal representation to choose a McKenzie friend.

Also called MFs and court supporters, McKenzie friends do not represent the litigants, present in court or manage cases. Rather, they provide a lower level of assistance to help the litigants handle emotions and organisation.

McKenzie friends are permitted in several countries (e.g., Australia, Canada, Ireland), but they're most common in the U.K. That's also where you'll find the vast majority of professional MFs.

The concept of a McKenzie friend is somewhat controversial, especially when MFs charge fees. Many legal professionals worry that litigants may put too much trust in McKenzie friends, who are not regulated and require no training.

If you are considering becoming a McKenzie friend — whether it's to help someone you know or as a career — make sure you are well-prepared.

Becoming a McKenzie friend for someone you know

Being asked by a relative, friend or acquaintance to serve as their McKenzie friend is an honor. It means they consider you trustworthy, levelheaded and responsible. But it does not mean you have to accept their offer.

First, find out more about what they have in mind. If you don't already know the basic details of the case, ask.

Also ask:

• What kind of help do you want from me exactly?
• How much time do you expect it to take?
• When are your court dates?

If you know the opposing party as well, consider how taking the position would affect that relationship.

Also, understand that you won't be able to talk to anyone about the case except the litigant you're helping. This can be challenging because mutual contacts may ask you questions.

If you have a personal interest in the case — i.e, if you would benefit from one side winning or losing (beyond being happy or sad for them) — you'll have to decline the role as the court won't allow you to serve.

Don't let a lack of legal expertise prevent you from taking a McKenzie friend role. In fact, unfamiliarity with the law can be positive because you won't be tempted to give legal advice you're not qualified to give. You can still help your litigant in other ways: by taking notes, drawing their attention to points they wanted to make, keeping documents organised, etc.

If you decide to serve as a McKenzie friend, you won't need as much training as a professional MF, but you'll still need to prepare. Tailor your preparations to the type of assistance your litigant has asked for.

Becoming a professional McKenzie friend

There is no formal path to becoming a professional McKenzie friend. But before you offer services, prepare as much as you can to make sure your clients will be satisfied. Doing quality work will help you stand out from the crowd and ease doubts anyone voices about the benefits of MFs.

Like starting any business, you'll need to:

• Get training (See below.)
• Decide your fees (To get the most clients, they should be lower than what junior lawyers charge in your area.)
• Market yourself
• Set up your workspace and processes

Consider what you can do to ensure clients that they'll get value from you. For example, you could get business insurance and join an organisation that will lend you more credibility, like the Society of Professional McKenzie Friends.

There is often talk about regulating the McKenzie friend industry, so pay attention to changes that may come down the pipeline and impact your new career.

If you're interested in other legal careers that don't require a law diploma, you could think about becoming a divorce coach or working as a divorce mediator.

McKenzie friend training

Anyone can call themself a McKenzie friend, and they are not legally required to go through training or have any educational or professional qualifications. However, many groups now offer McKenzie friend training.

Getting training is a good idea, especially if you want to make a career of this work. However, since this field is unregulated, you need to be as discerning when choosing a course as litigants need to be when choosing an MF.

All new McKenzie friends can benefit from sitting in on court hearings. Litigants can do this as well; the majority of hearings (besides family law hearings) are open to the public.

Most professionals have experience, either from their own court cases or from studying or working in law. If your experience is minimal, find ways to get more, like by shadowing other professionals.

Professional McKenzie friends should make it clear to their initial clients that they are new to the role.

Other McKenzie friend guidance

It's crucial that you don't overstep the bounds of what McKenzie friends are allowed to do. If you do, the court can remove you from your position.

McKenzie friends are allowed to:

• Make suggestions to the litigant (but make sure this doesn't cross over into advice that only solicitors or barristers can give)
• Help them with case documents (but the litigant must be in charge of the content)
• Give moral support
• Sit at the front of the courtroom with the litigant

They are not allowed to:

• Sign court papers for the litigant
• Send documents on their behalf
• Talk to anyone besides the litigant about confidential details
• Question witnesses (unless the judge gives permission)
• Speak to the judge (unless the judge gives permission)

When your litigant asks the court's permission to use you as a McKenzie friend, they should give clear reasoning. The judge can refuse their request, but this is most common outside of the U.K.

Tools to make your work as a McKenzie friend easier

One of the best things you can do as a McKenzie friend is point your litigant to tools that will help them represent themself. These tools can also make your work easier because the litigant will be more prepared.

For cases about child arrangements, you might suggest the Custody X Change online app. It helps parents:

• Create a parenting plan to suggest to the other parent or to the court.
• Make a residence and contact schedule that works for their family.
• Calculate their parenting time to ensure it's fair.
• Keep a parenting journal to document and organise evidence.
• And more

For any case type, refer litigants to sites like Chat With Solicitor to get answers to legal questions in minutes. You can also direct them to Law Depot and similar companies, which draw up custom legal documents quickly and affordably.

Remember these tools are meant for the litigant, not the McKenzie friend. While you can't manage the case, you can recommend helpful tools — and your litigant will appreciate it.