A New School Term...Legally Speaking.

It feels like a new school term for us this Autumn. And what a term it is likely to be. The legal aid reductions are likely to bite even greater, the number of law firms have decreased over the summer, and the politicians and like are back at work after a 'short' summer recess.

We, as always, are raring to go, and here to help you with your legal matters. Perhaps you have been refused legal aid. Perhaps you cannot afford a lawyer. Perhaps you would prefer to represent yourself at court. Whatever the reasons for needing a McKenzie Friend, we are here to help you.

Don't forget to check out the updated website, http://www.yourmckenziefriend.co.uk.

You can also find us on facebook, at http://facebook.com/yourmckenziefriend.

And, on Twitter, at _McKenzieFriend.

We look forward to seeing you there!

Are McKenzie Friends Bad for Law? Jumping on the Bandwagon

Now, I do not want to be accused of being a killjoy, or worse, but I have noticed a massive increase in the amount of people asking me how they can become McKenzie Friends recently, and it concerns me. It does not worry me from a competitive view point, as I am quite happy to be judged on the level of service that my company provides, and there is certainly no question that, due to the restrictions on the availability of legal aid, there is a real need for good quality, professional and experienced people to assist in cases, where the lack of availability of such funding, may have a detrimental impact on the effectiveness of our legal system.

However, it is with this last point of, ‘quality, professional and experienced McKenzie Friends’, which concerns me. The problem with an unregulated industry is that it attracts certain people who only see it as an opportunity to make money out of vulnerable people in society. And, when it comes to such a complex and confusing matter such as law, and having just been turned down for legal aid funding, you can see how some people, who would not normally be taken in by such charlatans, are only too happy to share their life stories and money, with so called ‘experts’, who they think are going to come and save them in their hour of need. Unfortunately, a minority of these so called ‘experts’, and it is only a minority, are to be quite frank, not up to the job and must be stopped.

A McKenzie Friend does not necessarily have to have any legal knowledge, training or experience, and this perhaps, is the root of the problem. It is an industry that is ripe for picking by the unscrupulous, whose only intention is to prey on their unsuspecting client, and to scarper out of the business as quickly, if not quicker, than they moved into it. The combination of potentially high legal fees, together with the vulnerability of clients at what could be a very emotional time for them, and with the ease in which these people can set up in business, it is clearly an explosive formula that is manipulated by the same type of people that caused such damage and distrust to the will writing industry. It is only a few, and you may wonder what all the fuss is about, but it is the few, whose only intention is to line their own pockets, that cause unnecessary trouble for everyone else in the industry who are abiding by the rules. The worst case scenario would be for the courts to become frustrated by the poor quality of McKenzie Friends and choose to refuse them entry into the courts. In light of the reduction of legal aid, and at a time when many people need the support and guidance that a good McKenzie Friend can offer, more than ever, this would be damaging not only to the litigant in person, and the industry, but also to the integrity of the legal system as a whole.

So, what can people do to spot a bad McKenzie Friend? Well, they can ask them about their experience and knowledge of the area of law that relates to their matter. Have they studied law at all? Do they belong to a recognised body? They do not have to have studied law, or to be a member of any professional body, and that does not necessarily make them a bad McKenzie Friend. But, if you have other concerns, and they do not have the personality to compliment your own, then they may not be the right person for you. There are some very good McKenzie Friends out there who have never studied law, or become members of any professional body, but due to the vast amount of personal experience they have gained over many years, may well be as effective as a lawyer, who has had all of the training, but has little experience of your type of case. It is always wise to ask for a copy of their Curriculum Vitae and to talk to them, or have a meeting with them before a court hearing, so that you can determine whether they are likely to be able to help promote your case in a professional manner. Helping to promote your case in a professional manner is not the same as agreeing with you on every point you make. In fact, part of a McKenzie Friend’s role is to discuss the law with you, their experiences of the legal system, and to tell you whether your case is strong or weak. It is only through a two-way process, where you both agree on a plan to move forward, and by being able to work effectively together, that you can really have the confidence going into court. We have had meetings and discussions with people, who decided that they preferred not to take our advice, guidance and support, as they ‘knew that they were right’. We do not see it beneficial to continue a partnership where it is quite clear that a person is not treating the case, the court, and the other parties with honesty, integrity and respect.

A McKenzie Friend that has their own agenda, knows very little about the law, does not understand court procedures, and does not have personal or work experience, may be of limited use to you at all, and may even be damaging to your case.

A good McKenzie Friend may have many of the qualities of a lawyer, and in fact, many of them use the role to gain work experience whilst training to become lawyers.

As well as being a McKenzie Friend myself, with many years work and personal experience, legal study, and being a member of the Chartered Institute of Legal Executives (CILEx), I also run training courses to help and encourage people wanting to become McKenzie Friends, and those wanting to represent themselves at court. I am very supportive of, and happy to assist people who want to do things the right way. I just hope that we can deter and remove the minority of people who prey on the vulnerable, and who only see their role as an opportunity to line their own pockets, without any thought or care for their victims. Fortunately, many do not get into court anyway, due to their unsuitability. However, some do slip through the net, and even those that are removed before getting to court have already done damage by running off with their client’s money.

If you would like any help at court, or before court in family law matters, please check out our website at: http://www.yourmckenziefriend.co.uk.

If you would like to find out more about our training courses, or wish to enrol on one of our courses, please check out: http://www.mckenziefriend.eu.

Steve Young, Your McKenzie Friend

Who Wants To Be A McKenzie Friend?

There are no 'ask the audience', 'phone a friend', or anxious nail-biting pauses here...

We are often asked, 'how can I represent myself at court?', or, 'how can I become a McKenzie Friend?'

Well, now is your opportunity to do just that. We are running training courses again this year to help anyone who wants to learn the basics. So, get your diary out, book yourself a place, and learn a new skill.

We are excited to announce that our training courses are back again this year. Perhaps you are looking for a change of career, perhaps you want to represent yourself, or assist others in court, or you may simply want to gain a better understanding of the legal system as a whole.

The course is primarily focused towards family law, although those involved in other areas of law should benefit from the information on offer.

The course is run by Steve Young, who has worked as a McKenzie Friend for the past few years and is a member of the Chartered Institute of Legal Executives (CILEx). He will share with you his experiences of  family law, and you will have the opportunity to learn about the role of a McKenzie Friend, running a McKenzie Friend business, family law (in particular, divorce (and finances on divorce) and children matters), case law, legal procedures, etc. The course will be a mix of classroom theory and practical application (including light-hearted role plays).

This is a beginners course, and anyone who already has an idea of the subject matter may find the course a little too basic. Please look out for more courses coming soon.

The full details of the contents of this course will follow via a link through our website in the next couple of weeks. However, if you would like to provisionally book a place on one of our courses then please contact us with your details, and we will forward the full details to you as soon as possible. Please remember that numbers are strictly limited and places will be offered on a first come, first served basis.

The course will run from approx 9.30am to 4.30pm (10.30am to 5.30pm in London), with a break for lunch.

- Saturday, 20th October 2012 - Maidstone, Kent (cost of £95 per person).

- Saturday, 17th November 2012 - London (cost of £110 per person).

We look forward to seeing you there.

http://www.yourmckenziefriend.co.uk/news

Contact with Your Child Living Abroad

As you are aware, I like to keep you up to date with what I get up to on a regular basis, and purely on a professional level, of course. You know the expression, you wait ages for a bus and then 3 come along a once? Well, my recent McKenzie Friend shenanigans have really been much like this, albeit in the relatively calm and structured surrounds of a legal arena, rather than the often noisy and less than appealing confines of a bus stop. Or, should that be the other way round.

Most recently, I have received a few enquiries from parents enquiring about contact with their children who live abroad. I do not want people to get the wrong idea here, so I am setting out from the start, that this is by no means a definitive guide to resolving contact issues when your child lives abroad with mum or dad, but more of some ideas for you to consider, and places for you to look for advice, should you ever find yourself in this predicament.

I must start off by saying that if you do find yourself in this predicament then it is always advisable, if financial constraints or legal aid certificates allow, to get some qualified advice from a legal representative. This is not much advice, I know, and it is perhaps a little more common sense than it is advice. But, these matters can be quite complicated, and a solicitor would always know how to go around these things better than myself.

Let us assume, for a moment, that you cannot get legal aid and you cannot afford to instruct a solicitor. Where do you go from here?

Well, first of all, where in this world does your child live? I am going to focus mainly on Europe and those countries within the EU. If your child lives outside of Europe, then you cannot generally enforce things in the same manner that I describe here, although it is always wise to check agreements that the UK has with other countries, and with the Hague Convention. If your child lives within Europe, but outside of the EU, then the European Convention is the key to moving things forward.

So, your child lives in the EU (but not Denmark…Not that I have got anything particularly against Denmark, it’s just the way things work)…

If you already have a contact order in place, and it was made after 1^st March 2005, then it should be enforceable in the EU. The Regulations that you need to refer to are, Brussels II Regulations (Revised). You will need to obtain a certificate in accordance with Annexure III of the Regulations. The certificate you need is an Article 41 Certificate, and this can be obtained from the court that made the original contact order, or if you are fortunate enough to have retained a solicitor, they should be able to request this for you.

Where you have a contact order that was made before 1^st March 2005, or you simply want to register your contact order in the relevant country (and I use the word, simply, very much tongue in cheek), then you should be able to do this under the Transitional Provisions of the Brussels II Regulations.

If you do not currently have a contact order for your child, you may be able to apply for a new contact order, under Article 21 of the Hague Convention.

A good source of advice and guidance for any legal matters involving children can be found through, The International Child Abduction and Contact Unit (ICACU), and by writing to the Official Solicitor at: 81 Chancery Lane, London, WC2A 1DD, or by calling them on 020 7911 7127.

As I said at the start, this is not a definitive guide on how to get contact with your child who lives in another country, or for that matter, how to conduct your case in such proceedings. It is merely just a few words that are intended to point you in the right direction and to help get you on the right track to begin with.

As always, I am happy to provide guidance and support on any family law matters.

Steve Young, Your McKenzie Friend

Web:

http://www.yourmckenziefriend.co.uk

E-Mail:

hello@yourmckenziefriend.co.uk

Legal Aid in need of First Aid

Unless you have been on a different planet for the past few weeks and months, you cannot fail to have heard about the significant changes being proposed to the legal aid system in England. In short, it is quite possible that if you are going to be involved in a family law case in future then these changes will affect you in some way and you will need to be aware of them. Many people that traditionally would have been entitled to financial support in their legal proceedings will find themselves no longer covered by the safety umbrella of legal aid, and will either have to find an alternative way of paying for their legal advice, or will simply have to represent themselves in court. The latter may lead to a substantial slowing down in the legal process, particularly at court, with many cases being held up due to litigants in person (that is what you will be if you represent yourself in court) attending court ill-prepared, not being able to grasp the legally relevant points of their case, and not understanding the processes demanded of them by the antiquated ideals of the English legal system. It could be a recipe for disaster, if some respected legal reporters are to be believed.

There can be no question that the legal aid bill does need to be addressed. The legal aid bill currently stands at £2.2bn, and the government’s aim is to reduce this by £350m. It is not feasible to suggest that the current level of funding can be sustained over any great length of time, so something does need to be done to tackle, what has become, an out of control animal. But, to take the funding away from the people that most need it, and those that are most likely to be clogging up court time, does seem a little like cutting off your nose to spite your face. Can reducing the legal aid bill in family law be of any benefit when weighed against the additional time, and inevitable costs, that the courts will face in having to process litigants in person, many of whom will have no legal knowledge, will not understand the legal system, and cannot be expected to know what is, and what is not, a legally relevant argument to put in front of the court.

The Citizens Advice Bureau suggests that as many as 210,000 families could be affected by this change in legal aid, reducing the number of families entitled to it from 250,000 to 40,000 per year. That is quite a significant drop if these figures are to be accurately reflected when, and if, these changes come into effect.

Usually, alongside any talk of reductions in legal aid, is the cry from the government and others that this will lead to more people attempting mediation, and will keep parties outside of the court. But, does mediation work? Well, as with most things in family law, yes and no. It really depends on who you talk to.

Mediation can be an effective way of resolving issues between parties, but, it generally only works if both parties enter it without too many pre-conceived ideas and demands about what they want out of it. It may not work when one party is controlling or manipulating and will only ever agree to things on their terms. Mediation is a two-way process, and there does need to be some give and take from both parties. Any agreement made by mediation is not binding on either party; until such time that a legal agreement, consent or other court order is made. Mediators should be balanced and fair, only there to help move things forward and to mediate a solution, and they must not force an agreement on either party. But, mediators are human, and we have seen cases where a strong and manipulating party has sought to control the mediation session and get the mediator on their side. It shouldn’t happen, but we are all human, and in reality these things do happen.

Some of the difficulties, and hence, spiralling costs, in family law cases are caused, not directly by the parties themselves, but indirectly by friends and family of the parties offering advice, stating how strong their case is, and how easy it will be for them to win. They may take their ‘advice’ from the internet, from tabloid newspaper reports, or ‘through the grapevine’, and they pass their new found wisdom on to a party in the case. This advice is nearly always provided with good intentions, and they may, of course, feel that they are just doing their bit to assist. Unfortunately, the internet is not always accurate, and it is nearly always possible to find a contradicting story to the one that has been read. In family law cases, the matters are private, and therefore, reporters do not get to report on the vast majority of cases. Only where a case is particularly ground-breaking does it reach the newspapers, and even then, the reports are often restricted on content due to the cases involving very private matters. These reports are not reflective of the vast majority of family law cases. Parties should, perhaps, take a realistic approach to the legal process, rather than the idealistic approach that may be gained from these sources.

A complete ‘win’ in family law cases is rarer than you might think, and often, both parties will have to give and take a little to reach a workable solution. It is preferable, perhaps, not to see it as one party winning and one party losing. There are, of course, very strong emotions in many family law cases, and at court, without someone to keep these people on track, to keep the arguments relevant and factual, and to know what, and most importantly, what not, to argue over, there is the potential for the proceedings to descend into chaos. For example, in disputes over contact with your son/daughter, a judge’s primary consideration is for the welfare and safety of that child, and he/she will only make an order if it is better to do so than not to do so. Judges like to see matters move forward, and although they like things to progress, it does not mean that the case will be resolved at the first hearing. Small steps are always the order of the day when it comes to children, unless there are serious welfare or safety concerns. It is surprising how many people come to court looking to dwell on the past and to try to score points off of the other party. It rarely works, and sometimes, you could be forgiven for thinking that the case was about both parties rather than the child, who, as we have already said, is the court’s primary consideration. If you can avoid the irrelevant arguments, concentrate on the facts, and see your case weaknesses as well as its strengths, you are more likely to survive the experience intact and live to fight another day. And, of course, I do not want to criticise lawyers, but these, what I call, ‘he said, she said arguments’, that clutter court hearings and pre-trial communications, are where the majority of your hard-earned income, not to mention the emotional energy, is being directed and expended. Is it really that important that your son or daughter has arrived back from contact with a pair of socks missing? Don’t laugh, it happens! Going to court is rarely a pleasant experience and should be avoided at all costs. It is certainly not the only way, or very often the best way to resolve matters. But, if you are caught up in the experience, make sure you use your lawyer effectively; you could save yourself a great deal of money and emotional energy. And to those that say, ‘well, it’s not my money, it’s the legal aid who are paying’, then perhaps it is this type of attitude that needs to be addressed, and the money saved redirected to the people that are fighting the real issues in their legal proceedings.

Of course, if you cannot afford a solicitor, cannot get legal aid, or you are just disillusioned with lawyers generally, then you have a different problem; where to go for advice.

In recent times, some roles of the traditional high street lawyer have been supplemented with supermarkets and book stores (Co-op and WHSmith to name just a couple) setting up ‘legal points’ in their stores. The potential for this to grow over the next couple of years to cover wider areas of law is clear for all to see. This may make legal advice more accessible and affordable to some people, but do be aware of cheap advice, as it is not necessarily good advice, and may cause as many problems as it aims to resolve.

There is also the Citizens Advice Bureau and other charitable and non-charitable help groups who can provide invaluable advice for anyone seeking to take or having to face legal proceedings, although many of these groups have seen their funding capped or removed altogether in recent times.

If none of these options are useful to you then you may wish to consider using the services of a McKenzie Friend. We run a McKenzie Friend service for our clients. We can offer competitive hourly or fixed fees, and we can help you to achieve at least the same results as you are likely to get with a lawyer. However, we do have our limitations, and you need to be fully aware of these before using us:

A McKenzie Friend is not a legally qualified person. We do not have the same level of knowledge, experience, or rights as a member of the legal profession. To continue using our services, you need to be aware of, and understand these limitations.

Where possible, we would strongly suggest the use of a solicitor, or other qualified legal professional. Where this option is not available to you, our company may be able to offer some assistance.

We have to advise you that we are not lawyers, we cannot conduct your whole case for you, and we have no right to speak for you in court (it will only ever be granted by a judge in exceptional circumstances). You have a right to request a McKenzie Friend to assist you at court, but a judge, or a party to the proceedings, may refuse in some circumstances. It is therefore important to notify the court, and all parties, of your intention to use a McKenzie Friend at the earliest opportunity (we can help you prepare a letter if that is your intention). You have complete control of your case at all times and responsibility for it (although we will help you wherever possible). In court, our primary purpose is to offer moral support, take notes, give quiet advice on any aspect of the conduct of your case (if required), and assist with case papers.

I hope that I have provided a brief insight into why there is concern over the reduction of the availability of legal aid, how parties can think clearly about what is most important and legally relevant in their cases, and given some alternatives that litigants in person may wish to consider should they ever be unfortunate enough to be caught up in the legal system. Perhaps the best advice would be to find a way to negotiate a way around the legal maze as effortlessly as possible, and to get back out of it as quick as you possibly can.

Steve Young, Your McKenzie Friend

Web:

http://www.yourmckenziefriend.co.uk

E-mail:

hello@yourmckenziefriend.co.uk

Does this mean the quickie divorce just got quicker?

It has been on the cards for a while, and now Sir Nicholas Wall, Britain's leading family law judge, has added further fuel to the argument by renewing calls for the 'no fault divorce' to become law. There will be some that will argue that these changes will make it far too easy for people to divorce and that it devalues marriage and all that it stands for. However, changing social values need laws that can adapt at a similar pace, and it may well be time for out-dated ideas to be challenged.

You can read the Daily Telegraph report here...

http://www.telegraph.co.uk/news/uknews/law-and-order/9168530/No-good-arguments-against-no-fault-divorce-top-judge-says.html

---

We can help you at court in family law matters...

http://www.yourmckenziefriend.co.uk

Please Help Us To Help You

Your McKenzie Friend provide an affordable alternative to the legal profession, in offering lay advice and support to clients in many legal matters, both in and outside of court. To ensure that we continue to provide our clients with an effective, reliable, and cost efficient service, we do need your help to ensure that things run smoothly.

So, may we just bring to your attention the following guidelines:

1. Court Hearings & Meetings

If you have asked us to attend court or a meeting with you, it is important that you confirm this appointment with us a day before the court hearing or meeting, at the very latest. We will always try to contact you before the day of the court hearing or meeting. If you do not receive any communication from us then you need to find out why. To enable us to attend court or a meeting with you, it is important that you have made cleared payments to us and have received confirmation of your payment from us beforehand (as clearly stated in the initial telephone conversation that we have with you and/or the initial e-mail that we send to you). If you have not confirmed our attendance, or you have not made cleared payments, you have to assume that we will not be attending your appointment.

We received a call from someone on the morning of their court hearing, enquiring as to our whereabouts. This person had not made any payment to us and had not responded to our e-mails or telephone calls asking them to confirm their appointment. We were then accused by them of simply not turning up at the County Court. Had this person checked their e-mails, noted telephone calls, and called us prior to the appointment, this situation could have been avoided.

2. Cases Involving Children

In cases involving disputes over children, it is our duty to put the best interests of the child first. We will not support any person that does not share these views, both from a moral and legal perspective.

We have been asked on a number of occasions, and we have always refused, to support mothers and fathers whose underlying intention, and without valid reason, was to obstruct or to prevent their child from having any contact with the other parent. This is not in the child’s best interests, despite a parent thinking that they may know what is best. We have also been criticised by these same people for not supporting them with their less than moral intentions. This is wholly unacceptable and will not be tolerated. Your child should not be used as a pawn in any game or battle that you have with another person. Should we start work on your case, and later learn of your immoral intentions, we will stop any further work immediately.

The law makes it very clear that children should have reasonable contact with both parents, unless there are serious welfare issues.

We do not want to appear as if we are moaning about these things, but we hope to continue to offer the high level of service that our clients have come to expect from us. We can only do this with your help, understanding and support.

Steve Young

http://yourmckenziefriend.co.uk