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
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