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Is it time to put the world to rights on this issue or carry on regardless?

I have been a Non-Fee Charging Lay Advocate/McKenzie Friend since late 2005; this has enabled me to have a greater insight into the role and what the role of a McKenzie Friend entails.

Over the past 8 eight years I have been privy to attend many tiers of Her Majesties Court Network, from the Lower Magistrates Courts, Family Proceedings Courts, through to County Courts up to the higher tiers, that being, the Royal Courts of Justice and the Court of Appeal.

I have dealt with over 270 cases which has taken me to the four corners of the Country, that has placed me in a unique position which has enabled me to be witness to the workings of individual courts, be privy to the local level legislation and procedures along with the differences in the acceptance of a Lay Advocate/McKenzie Friend into the court arena and proceedings.

I have also appeared before various tribunals and have also been involved in civil action cases, unsurprisingly, due to my role and experience the majority of my cases over the years has meant that the most of my work is within the Court of Appeal and Royal Courts of Justice.

I have faced many diversities within my day to day work, I have assisted many reputable organisations and over the years and I have produced many papers and reports for investigations, House of Commons Select Committees as well as chaired many conferences and seminars revolving around the Justice system, Legal Aid cuts and many of the fundamental issues that are surrounding the forever changing and the general progression of Family Law and the access to Justice which is fraught with many hurdles and pitfalls, I have also played a small roll in assisting in the Legal Services Consumer Panel Report that has resulted in this very article being written.

Within my role I do take a very proactive approach with matters specifically within the Family Law aspect, with a high percentage of my work surrounding Care Proceedings, I am given “Right of Audience” in almost 90% of the cases I have had and that are in the court arena, I also attend statutory reviews and case conferences, prior to any legal proceedings commencing as well as while legal proceedings are on-going, I also arrange and formulate any meetings needed to assist the Client and their case to maximise the preferred outcome suitable to all parties involved, those meetings also include “Advocates Meetings” which surround part of the process of Family Law Proceedings.

While I deem myself lucky in not having faced many adversities within my role as a McKenzie Friend/ Lay Adviser, I will say that they do from time to time surface, some which of which could have an adverse effect on the client I am assisting as well as a serious effect on my role, sadly it works both ways in this matter, we, as MKF's could face "Clients" who's ulterior motives are indeed very questionable and as a consequence would only find what the motives are when in the court room its self, we, as MKF's have no protection from that either,

For instance I could travel hundreds of miles to attend a court hearing only to find I have been misled, notwithstanding the waste of valuable resources, the situation could be that to continue to assist the client, it would cause further problems down the line, for example, while at a hearing in the COA I was passed significant papers by the Judge and was guided in to reading them before pursuing with my clients case, the contents of those papers were pretty dire, however I was already in the court, good job I can think fast on my feet.

Without any regulation and basic security the consumer "Client" and indeed the McKenzie Friend one would expect and without the basic security under the umbrella of Regulation for the McKenzie Friend and the Consumer the consequences without it in these matters could be catastrophic for both parties.

As an experienced MKF, I would say that I am not intending to replace the role of qualified counsel nor would I want to have these sorts of discussions in the first place, I would say that there are may of us out there in the courts up and down the Country who strive to achieve the best outcomes for the person we are assisting, likewise in most cases those who come to me for help, I would, if possible, refer the person on to a trusted and reputable firm of solicitors,

We do not want to ruffle feathers we do however feel that this is a matter that will not go away, as time progresses we will see many more issues and problems that the use of an MKF will have on the course of justice parties in these matters seek, I have read this article with vigour and what is surprising is that there is an obvious problem here, I do not however see any form of solution.

Come what may, there could be new PD's issued, there could be some slither of regulation or legislation surrounding the roles of Mckenzie Friends, it is needed, but how far it does go that is the need for a proper debate with solutions rather than crass and unhelpful comments.

One final point, an MKF is not such unless the Courts have granted permission for the person to be one and carry out the role in such a way, as per PD's from 2010. anyone portraying themselves as being an MKF prior to the approval of the courts is in reflection wrong, likewise goes for these micro organisations/businesses who use the titles of MKF to promote their businesses are as well wrong to say so.