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Mckenzie FriendA McKenzie Friend assists a litigant in person in court. He or she does not need to be legally qualified. The crucial point is that litigants in person are entitled to have lay assistance unless there are exceptional circumstances. Their role was set out most clearly in the eponymous case McKenzie v McKenzie 1971 P.33; 1970 3 W.L.R. 472; 1970 3 All E.R. 1034, C.A. Although this role applies in the jurisdiction of England and Wales, it is regarded as having its origins in common law and hence will have relevance to other common law jurisdictions such as the USA. The role should be distinguished from that of an amicus curiae, a "friend of the court" who provides information for the benefit of the court. What a McKenzie Friend does - Provide moral support
- Provide sensible (non-legal) advice
- Speak quietly to the litigant in person
- Take notes during the hearing
What a McKenzie Friend cannot do - Act as a legal representative
- Exercise rights of audience - unless
- invited to speak by judge, or
- hearing in a small claims court
Financial basis Although in many cases a McKenzie Friend may be an actual friend, it is often somebody with knowledge of the area giving up their time on a pro bono basis. Out of pocket expenses, if requested, are typically covered by the litigant in person. Since McKenzie Friends are not legal representatives they cannot charge their time to the case at legal rates. A nominal hourly rate is recognised by some courts for the purposes of recovering costs from the other side in the event of a win. McKenzie Friends may be liable for any misleading advice given to the litigant in person but are not covered by professional indemnity insurance.
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