Navigating the Courtroom: What Actually Makes a "Good" McKenzie Friend?
Walking into a family or civil court alone can feel like stepping onto a battlefield without a map. In the UK, more people than ever are acting as Litigants in Person (LiPs) — representing themselves without a solicitor. This has led to the rise of the McKenzie Friend: a support figure who sits beside you during the hearing.
But here is the catch: anyone can call themselves a McKenzie Friend. There is no formal licence, no regulatory body, no mandatory training. The quality of support varies wildly. If you are looking for help, you do not just need a warm body in the chair — you need someone who understands the assignment.
What Is a McKenzie Friend?
Named after the 1970 case McKenzie v McKenzie, a McKenzie Friend provides moral support, takes notes, and helps you organise your papers during a hearing. Crucially, they cannot address the judge directly or conduct litigation — such as signing court documents — unless the judge gives explicit, rare permission known as a Right of Audience.
5 Essential Qualities of a Top-Tier McKenzie Friend
1. Emotional Intelligence — The "Cool Head"
Courtrooms are high-stakes environments. When the other side's solicitor says something provocative, your instinct will be to react. A good McKenzie Friend is your anchor — keeping you focused on the legal points, not the emotional ones.
2. Radical Honesty
A common failure mode for McKenzie Friends is becoming a yes-man. You do not need a cheerleader; you need a strategist. If your evidence is weak, you need to know before the hearing — not during it.
3. Master of Organisation
The Bundle — the folder of all court documents — is the holy grail of any hearing. If you are fumbling for a witness statement while the judge is waiting, you have already lost credibility. A good McKenzie Friend knows the Bundle as well as you do, and can find any document in seconds.
4. Boundary Awareness
The quickest way to get a McKenzie Friend removed from a courtroom is for them to start arguing with the judge or addressing the other party. This is exercising a right of audience without permission — and it can get both you and your McKenzie Friend dismissed from the hearing.
5. Ethical Integrity and Confidentiality
You are sharing the most sensitive details of your life with this person — your family, your finances, your employment record. A professional McKenzie Friend should have professional indemnity insurance and treat your case with absolute confidentiality.
Professional vs. Lay McKenzie Friend — A Comparison
| Feature | Lay Friend | Professional |
|---|---|---|
| Cost | Free | Hourly or flat fee |
| Emotional tie | Invested and potentially biased | Objective and detached |
| Experience level | Typically first time | Experienced across multiple cases |
| Best suited for | Moral support at straightforward hearings | Complex, multi-stage cases |
Red Flags to Watch Out For
The Barrister-Lite: They imply or claim they are "just as good as a solicitor." They are not, legally. Anyone making this claim does not understand — or is misrepresenting — the limits of the role.
The Aggressor: They encourage you to use the court as a weapon against the other party. This approach consistently backfires. Judges see it immediately and it damages your credibility.
The Unprepared: They show up without having read your case files. If they do not know your case before the hearing, they cannot help you during it.
The Bottom Line
A McKenzie Friend cannot replace a solicitor — and a good one will never pretend otherwise. What they can do is ensure you are never disorganised, never alone, and never caught off-guard. In a system where preparation is everything, that matters.
If you are facing a family court hearing or employment tribunal and want to understand your options, Affordable Legal offers a free 20-minute consultation. No commitment, no charge.