McKenzie friends provide in-court assistance to litigants who choose to represent themselves. These lay observers help with note‑taking, organizing documents, and offering quiet moral support while the person speaks for themselves.
Trained volunteers and paid assistants follow court‑approved protocols so that they do not cross into the role of legal representative. Understanding how they operate clarifies their value and limits for self‑represented people.
| Aspect | Purpose | Typical Activities | Boundaries |
|---|---|---|---|
| Support Role | Assist litigants in person | Quiet encouragement, prompting lines | No legal advice |
| Organizational Role | Manage documents and time | Passing files, cueing speakers | No speaking for the litigant |
| Procedural Role | Improve courtroom flow | Alerting to questions, noting points | No advocacy or examination |
| Safeguarding Role | Reduce stress and confusion | Signaling complex questions, breaks | No personal interventions |
Role and Presence in Courtroom Settings
What a McKenzie Friend Does
In busy courtrooms, a McKenzie friend sits beside the self‑represented person and provides practical backing. They help manage papers, remind the individual of key points, and ensure the hearing proceeds as smoothly as possible.
Where They Sit and How They Communicate
Sitting close to the bench, they use subtle notes or pre‑agreed signals to guide the litigant without disrupting the judge. Their physical presence reduces isolation and keeps the person focused on giving clear evidence.
Guidelines and Procedures for Using McKenzie Friends
Court Lists and Assigned Volunteers
Many courts maintain lists of approved McKenzie friends, including volunteers from legal advice charities and community organizations. These lists highlight experience levels and the types of cases each helper is best suited to support.
Eligibility and Restrictions
Litigants who choose to represent themselves can request a McKenzie friend, subject to availability and judicial discretion. Courts set clear rules so that helpers do not interfere with the rights of the opposing party or the integrity of the proceedings.
Costs, Funding, and Accessibility Options
Volunteer Versus Paid Support
Some McKenzie friends act as volunteers, while others may charge reasonable fees for specialized assistance. Budget constraints should be discussed early with court staff to identify potential funding or local grants.
Means Testing and Reasonable Adjustments
Financial support may be available for disabled individuals or those on low incomes. Courts can also make reasonable adjustments, such as longer breaks or accessible venues, to ensure fair participation.
Skills, Training, and Continuous Development
Core Competencies for Helpers
Effective McKenzie friends combine empathy, patience, and strong organizational skills. They understand courtroom etiquette and know when to stay silent so the litigant can speak confidently.
Ongoing Learning Opportunities
Many organizations offer structured training, shadowing sessions, and updates on policy changes. This continuous development helps friends keep pace with evolving procedures and best practices in self‑representation support.
FAQ
Can a McKenzie Friend speak on my behalf if I struggle to explain my case?
No, a McKenzie friend cannot address the court or question witnesses. Their role is to support you quietly, and only you may present your case.
Will the opposing party know who my McKenzie Friend is and what they can do?
Yes, the court notifies all parties when a McKenzie friend is present, and the limits of their role are explained at the start of the hearing to ensure transparency.
How do I ask for a McKenzie Friend if I realize I need help during the hearing?
You can request a McKenzie friend at the start of the day or when the judge adjourns briefly. Court staff will confirm availability and arrange for one to join you as quickly as possible.
Are there rules about what a McKenzie Friend can look at or bring into court?
They may bring plain paper notes for you but cannot access confidential documents or use devices that record the hearing without permission. Courts enforce strict rules to protect privacy and fairness.
Practical Steps to Prepare with a McKenzie Friend
- Confirm court approval and list availability in advance
- Share key documents and a clear timeline of your case
- Practice cues and seating positions to avoid procedural issues
- Agree on signals for breaks, complex questions, and confidentiality
- Arrive early to allow court staff to brief the McKenzie friend on protocols
