*/
McKenzie Friends should not be allowed to charge for their services, senior judges have proposed, in a shake-up to rules on non-lawyers who help litigants.
The Judicial Executive Board (JEB) issued a consultation on changing the guidance that has been in place since 2010, due to concern over the rise in the number of litigants in person (LiPs) and McKenzie Friends since the cuts introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Reforming the courts’ approach to McKenzie Friends, published in February, followed a judicial working group chaired by Mrs Justice Asplin, which was set up to examine the issues and make recommendations for reform.
It proposes a prohibition on fee recovery by paid McKenzie Friends in line with the practice adopted in Scotland, where lay supporters may only provide assistance, representation or the conduct of litigation if they are not in direct or indirect receipt of remuneration.
The paper asks whether the term ‘McKenzie Friends’, which stems from a 1970s case, should be updated to something more readily understood, such as ‘court supporter’.
It also moots replacing the existing Practice Guidance with formal rules of court and a Code of Conduct that McKenzie Friends should be required to comply with to ensure that, as with legal representatives, they acknowledge a duty to the court, and a duty of confidentiality in relation to the litigation.
The JEB also recommends production of a plain language guide for LiPs and McKenzie Friends, and asks whether it should be drafted by a non-judicial body with expertise in drafting court user materials.
Welcoming the proposals, the Chairman of the Bar, Chantal-Aimée Doerries QC, said: ‘McKenzie Friends are unregulated, uninsured and mostly unqualified, and the Bar Council agrees that they should not be allowed to charge people for legal services.’
She said: ‘An unfortunate consequence of legal aid cuts is that paid McKenzie Friends, who are not regulated or insured and are rarely legally qualified, have been charging up to £90 an hour to represent people in court.’
Doerries suggested: ‘Those who instruct a paid McKenzie Friend would be better off employing a junior barrister or solicitor. This is often more cost effective and will always represent better value for money.
‘Barristers and solicitors are qualified, regulated and insured, but McKenzie Friends tick none of these boxes.’
Comments can be submitted by 19 May 2016 to mckenzie.friends@judiciary.gsi.gov.uk.
McKenzie Friends should not be allowed to charge for their services, senior judges have proposed, in a shake-up to rules on non-lawyers who help litigants.
The Judicial Executive Board (JEB) issued a consultation on changing the guidance that has been in place since 2010, due to concern over the rise in the number of litigants in person (LiPs) and McKenzie Friends since the cuts introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Reforming the courts’ approach to McKenzie Friends, published in February, followed a judicial working group chaired by Mrs Justice Asplin, which was set up to examine the issues and make recommendations for reform.
It proposes a prohibition on fee recovery by paid McKenzie Friends in line with the practice adopted in Scotland, where lay supporters may only provide assistance, representation or the conduct of litigation if they are not in direct or indirect receipt of remuneration.
The paper asks whether the term ‘McKenzie Friends’, which stems from a 1970s case, should be updated to something more readily understood, such as ‘court supporter’.
It also moots replacing the existing Practice Guidance with formal rules of court and a Code of Conduct that McKenzie Friends should be required to comply with to ensure that, as with legal representatives, they acknowledge a duty to the court, and a duty of confidentiality in relation to the litigation.
The JEB also recommends production of a plain language guide for LiPs and McKenzie Friends, and asks whether it should be drafted by a non-judicial body with expertise in drafting court user materials.
Welcoming the proposals, the Chairman of the Bar, Chantal-Aimée Doerries QC, said: ‘McKenzie Friends are unregulated, uninsured and mostly unqualified, and the Bar Council agrees that they should not be allowed to charge people for legal services.’
She said: ‘An unfortunate consequence of legal aid cuts is that paid McKenzie Friends, who are not regulated or insured and are rarely legally qualified, have been charging up to £90 an hour to represent people in court.’
Doerries suggested: ‘Those who instruct a paid McKenzie Friend would be better off employing a junior barrister or solicitor. This is often more cost effective and will always represent better value for money.
‘Barristers and solicitors are qualified, regulated and insured, but McKenzie Friends tick none of these boxes.’
Comments can be submitted by 19 May 2016 to mckenzie.friends@judiciary.gsi.gov.uk.
Chair of the Bar sets out a busy calendar for the rest of the year
Why Virtual Assistants Can Meet the Legal Profession’s Exacting Standards
By Louise Crush of Westgate Wealth Management
Examined by Marie Law, Director of Toxicology at AlphaBiolabs
Time is precious for barristers. Every moment spent chasing paperwork, organising diaries, or managing admin is time taken away from what matters most: preparation, advocacy and your clients. That’s where Eden Assistants step in
AlphaBiolabs has announced its latest Giving Back donation to RAY Ceredigion, a grassroots West Wales charity that provides play, learning and community opportunities for families across Ceredigion County
Despite increased awareness, why are AI hallucinations continuing to infiltrate court cases at an alarming rate? Matthew Lee investigates
Many disabled barristers face entrenched obstacles to KC appointment – both procedural and systemic, writes Diego F Soto-Miranda
The proscribing of Palestine Action under the Terrorism Act is an assault on the English language and on civil liberties, argues Paul Harris SC, founder of the Bar Human Rights Committee
For over three decades, the Bar Mock Trial Competition has boosted the skills, knowledge and confidence of tens of thousands of state school students – as sixth-form teacher Conor Duffy and Young Citizens’ Akasa Pradhan report
Suzie Miller’s latest play puts the legal system centre stage once more. Will it galvanise change? asks Rehna Azim