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While I'm not sure an outright ban is necessarily the best way forwards, I can understand why the judiciary feel that something needs to be done. Other advocates are subject to such stringent rules and regulations while at present there is practically no control over the activities of MKFs.

If we proceed on the basis that these rules and regulations are strictly necessary to protect the interests of clients then it follows that clients need to be protected in the same manner when dealing with an MKF. If on the other hand the rules and regulations are not necessary then the question arises as to why we are making solicitors comply with them.

The benefits of MKFs are that they are potentially cheap in comparison to qualified lawyers, but then this is because solicitor's fees are pushed up by the cost of complying with regulations. If we could reduce the regulatory burdens on solicitors rather than merely raising the burdens on MFKs, we could reach the happy position of having affordable representation by qualified advisors, which is surely what everyone wants.