[Cansford says] Family law ‘does not need lawyers’

A website that pairs McKenzie Friends with members of the public has claimed that lawyers are not needed in family court.

The move is headed by Philip Ledge, a retired Chief Inspector and once Home Office advisor, who now runs McKenziefriendUK; a website that hires former police officers to help its clients self-litigate.

“We are clear that you don’t need lawyers in a family court,” he told the Law Gazette. “It’s about getting a fair outcome. The legal system in family law is no more than human disagreement – there are no legal questions.”

This comes three years after judicial proposals for greater regulation of McKenzie Friends were tabled, with as yet no resolution.

The McKenzie role allows any person not acting as a solicitor to accompany a litigant person in court. It was made formal during the 1970 McKenzie v McKenzie case, where Australian barrister Ian Hanger, though not registered to practice in UK courts, requested to sit with a claimant. At first barred from court, Hanger later won an appeal, with the judge ruling that denying Hanger’s right to assist was, in effect, depriving McKenzie of fair representation.

“My aim is to empower people across the UK to self-litigate with the message that apart from a few exceptions… it is an irrebuttable truth that family law doesn’t need lawyers,” Kedge added.

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The Law Society has long called for more stringent regulation, especially of paid McKenzie Friends. In a public statement, Society president Christina Blacklaws said: “Court proceedings are complex, and are not easy for untrained people to deal with… They [litigants] won’t in fact be ‘a client’ with rights like a solicitor’s client: they are simply the customer of a paid Friend.”

Cansford says…

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“Family courts are particularly keen on having cases run through properly and speedily. This can be a positive and a negative.

“The UK’s shortfall in legal aid has meant that, more and more, people can’t afford a qualified solicitor to represent them. Of course these people still need help, and while it’s unfortunate that McKenzie Friends are having to pick up the slack, there is a place for them.

“However, to say that family court ‘doesn’t need lawyers’ is wishful. It would be nice if we could solve all our problems with an adult conversation. But the reality is that at some point, it will come down to ‘who owns what’ or ‘whose rights are being infringed’. From there it is a matter of law.

“Getting through the legal process requires skills that some McKenzie Friends simply won’t have. Ultimately, do they know the law and the courts? Judges often complain that McKenzie Friends follow side issues or don’t stick to process. As such, self-litigating with a McKenzie often leads to longer case times. The process is spun-out.

“Then there is the financial aspect of this endeavour. The McKenziefriendUK website seems more a business opportunity than true legal support. They say ‘we can do this cheaper than lawyers’ – which is not the same as ‘you don’t need lawyers’. Yet this is their buzz term, their repeated soundbite.

“The fact that Mr Ledge is overplaying the ability of McKenzies is disingenuous. He is pushing the agenda because he has a business to launch. And while there is not much wrong with starting a website that connects people in need with people who can provide. There is no guarantee that these particular people can provide what’s needed.

“Unlike with lawyers, there are no regulations or statutory bodies governing McKenzies, even paid ones. You can have no knowledge of the quality of the service you will receive, and there is no ‘do-over’ if it’s poor.

“If you are in the throws of a court case then you are already in a vulnerable position, where you could win or you could lose. Opting for a McKenzie, with no certification or qualification, can only leave you more exposed. Of course you might get lucky. Or you might not. Is that a risk worth taking?

“That is not to say that paid McKenzies are awful people who are only doing it for the money. A large proportion of them probably are doing it to be helpful, at a time when help is needed. Unfortunately good intentions don’t win cases.”

With the judicial review still in full swing, the launch of McKenziefriendUK and Mr Kedge’s assertions regarding lawyers will only intensify the debate around stricter regulation. To keep up-to-date with upcoming rulings and how the issue might affect you, download our complete guide to drug and alcohol testing.