Plan to ban McKenzie Friends from charging fees receives support of Law Society and CILEx

Plans to stop McKenzie Friends from being able to recover fees from members of the public following successful court action have received the support of the Law Society and the Chartered Institute of Legal Executives (CILEx).

A McKenzie Friend is someone who assists a litigant in person in a court appearance – sometimes a friend or family member. In many cases McKenzie Friends are not qualified or regulated lawyers, but some still attempt to charge for their services. Many members of the public are currently forced into being litigants in person because they cannot afford a lawyer, while the legal aid provision which used to provide legal representation to such people has been destroyed by the government’s austerity agenda. Previously, the Legal Services Board and the Solicitors Regulation Authority have suggested that McKenzie Friends could offset the legal aid cuts, but the Law Society has argued against the idea that non-professionals can properly replace trained lawyers. Meanwhile, the Judicial Executive Board has proposed a ban on non-professional recovering fees for litigation or advocacy in the courts – a move also supported by CILEx.

Simon Garrod, CILEx director of policy and governance, said: “McKenzie Friends may come from a variety of sources and the majority will be acting with complete propriety, however we do not think it appropriate to charge for legal services without guaranteeing the public sufficient protections and redress. We are open to how we as approved regulators can work together to improve standards and ensure the public can be confident in the people who support them through the courts.”

Jonathan Smithers, president of the Law Society, said: “There are different types of McKenzie Friends. They could be family or friends, or pro-bono scheme volunteers who may have some legal background; and then there are those who charge for their services, possibly selling an expertise they are not qualified to offer. Prohibiting the recovery of fees will still allow judges to consider requests from McKenzie friends to participate in court proceedings under the Legal Services Act 2007. But prohibiting McKenzie friends from recovering fees for litigation or advocacy strikes the right balance…Clients of fee-paid McKenzie Friends have no assurance of their legal knowledge, and are left with no redress if things go wrong. They are not necessarily cheaper than solicitors, who are highly regulated and deliver a high standard of quality service. Our members have witnessed the damage done by the unscrupulous, so we very much welcome any steps that bring clarity to the support that a McKenzie Friend can give.”