McKenzie friend

McKenzie friends are most commonly used in family courts by people who cannot obtain legal aid or afford professional legal representation, helping them navigate complex procedures without acting as a substitute for a qualified lawyer.

A McKenzie friend assists a litigant in person in a court of law in Australia, Canada, England and Wales, Scotland, Hong Kong, Northern Ireland, the Republic of Ireland, and New Zealand, by prompting, taking notes, and quietly giving advice. They need not be legally trained or have any professional legal qualifications.

They do not have rights of audience or conduct litigation unless specifically granted by the court.

McKenzie friends often assist in family law matters, including divorce proceedings, child arrangements, and financial remedy hearings. Their support can also extend to other areas of law where individuals represent themselves, such as civil disputes, employment tribunals, and small claims cases. While they cannot act as a substitute for a qualified lawyer, their role is to help litigants understand procedures, organise documents, and feel supported during hearings.

The right to a McKenzie friend was established in the 1970 case of McKenzie v McKenzie. Although in many cases a McKenzie friend may be an actual friend, it is often somebody with knowledge of the area and the presumption is heavily in favour of admitting a McKenzie friend into court. He or she may be liable for any misleading advice given to the litigant in person but may not be covered by professional indemnity insurance.

A similar, modified principle exists in Singapore. The role is distinct from that of a next friend or of an amicus curiae.