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

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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

Family Law Tips - How to Survive Court

I have frequently been asked the question, 'how should I prepare myself for court?'

I prefer to see it as, 'how to survive court', rather than ‘prepare’. But, that is firstly to add a little unnecessary drama to what otherwise may appear a rather dull and boring article, but secondly, and most importantly, it is because unless you have some idea of what the 'whole experience' is like, then you can come out of the courtroom feeling as if you have been flattened by a steamroller, been in a boxing ring with Muhammad Ali at his best, and completely and utterly drained of all energy.

It really depends on how you approach your court hearing. If you treat it with the respect that the situation deserves then you should be fine. If you treat it with contempt and attend with an attitude that you know best, then you are likely to get a very sharp reminder that you are not in charge and that you certainly do not know best.

So, what would be my tips for attending court? Well, firstly, try to avoid it at all costs. Can the matter be resolved outside of court? Are your solicitors provoking more distrust, difficulties and discord between you than is needed? Could you resolve things by just communicating with each other a little better?

If you cannot resolve the matters between you and you do find yourself facing court, the following may be a useful guide:

1) Know what you want to achieve

2) Be realistic

In family law cases there are often no clear winners. If you have children, you need to consider what is in their best interests, not what is in your best interests.

Many people go to court feeling that they are right. That feeling may have been reinforced by family and friends who have also told them that they are right. So, you can imagine their disappointment when the judge does not quite see it the same way as they do. Do not lose track of the fact that there are two sides to a story and that your opponent may also think that he or she is right. Unfortunately, in a court, you cannot both be completely right. Frequently, you may both come out of court feeling a little disappointed with the outcome.

Have an idea of what you want, but also have a back-up plan for what you are willing to accept.

3) Prepare a Statement (or Position Statement)

Even if you are not requested to do so by the court, it may help to have a statement in front of you at the hearing. It really can act like a check sheet so that you may refer to it in the court hearing and ensure that your most important points are covered and not missed.

Court hearings can sometimes be only 30 minutes long. You need to make your points clearly, concisely, and without undue delay.

4) Do not expect things to be rushed

Courts should deal with legal matters involving children expeditiously, ‘without delay’. Unfortunately, your idea of ‘without delay’ and the courts idea could be very different.

In legal matters, the courts treat children as their ‘paramount consideration’. But, they do want to get things right. So, they will not rush things unless there is an urgent issue. This can be at best frustrating, and often extremely annoying. But, courts will not rush matters, and it serves no purpose at all to show your frustration, irritability and annoyance with the legal system.

5) Aim for progress at each court hearing

I know what you are thinking, ‘I want things to happen now’. Unfortunately, it does not always work out like that. It is not unusual for cases to run for weeks, months or even a year or more. It can be a slow process. You just need to feel like that you are achieving something at every court appearance.

So, there you have it. My brief guide to surviving court.

http://www.yourmckenziefriend.co.uk

Steve Young works as a McKenzie Friend, assisting people in family law cases. He is an affiliate member of the Institute of Legal Executives (Ilex) and is training to become a lawyer.

Shaking-Up The Inheritance Laws

An interesting article in The Telegraph regarding potential changes to inheritance laws.

The Government's law advisers want to make it law for unmarried couples, who have lived together for 5 years, to automatically inherit their partner's entire estate if they die intestate (without a will). The law currently only allows for an automatic inheritance for married couples without a will.

Where do you stand on it?

There will be those that argue that it diminishes the importance of families and marriage. Others will see it as a modern approach to a modern society.

Telegraph 'Inheritance' Article

Alternative Family Dispute Resolution

An interesting article on 'family law dispute resolution' as opposed to an all out fight in the full glare of the courts. It makes some very good points about parties having 'unrealistic expectations of their legal entitlement' on divorce, how it is difficult to predict the outcome of a case in family law, and how the author, himself, is an advocate for a rethink on the planned legal aid cull.

http://www.familylawweek.co.uk/site.aspx?i=ed90145

If we can help you in any family law matters then please contact us.

http://www.yourmckenziefriend.co.uk

Is this the end for Contact & Residence Orders?

If the plans put forward under the recent 'Family Justice Review' come to fruition, then we may see the end of Contact Orders and Residence Orders, for children, as we know them.

The plans are to replace these two orders with a Child Arrangement Order, that will set out an agreement between the parents, post separation.

In fact, courts are already beginning to prefer a 'Parental Agreement', rather than having to make an order themselves, and this approach is likely to continue, even when, and if, the new order is introduced. It does, of course, make sense, that parents are more likely to stick to orders that have been agreed between themselves, rather than being told that 'this is what will happen' by the courts.

This new order is likely to reflect the importance of children's wishes and promote what is in their best interests. The new law is likely to state that there should be no right to substantially shared or equal time for both parents to spend with their children.

Watch this space for more details, as and when we find out more.

http://www.yourmckenziefriend.co.uk

If you would like to read the full report, you can do so here...

http://www.justice.gov.uk/about/moj/independent-reviews/family-justice-review/

McKenzie Friend: A Day In The Life

‘It must be a very exciting job being a McKenzie Friend, isn’t it?’

If I had a dollar, well a pound, seeing that this is the UK, for every time that I have heard that question, well, I would be quite a few pounds richer by now. And, once I pick myself up off of the floor through laughing, my usual response is, ‘yes, you would think so, wouldn’t you?’ Of course, my laughter is not intended as an insult to the enquirer. It’s just that, I would have thought the same myself before working as a McKenzie Friend, it must be exciting. Please don’t get me wrong, I wouldn’t change the experiences I have had for anything. And, it can be an extremely interesting and eye-opening job, but ‘very exciting’, I don’t think I would class it as that. And, of course, my clients don’t necessarily want it to be ‘very exciting’ for them either. This is, after all, real people’s lives that are being played out in the full glare of the Courts for many to see. Of course, if your idea of ‘very exciting’ is sitting in court buildings for hours at a time, just waiting for something remotely interesting to happen, then this would be a positively heart-racing proposition for you. So, this short article is just a very small and general insight into the day in the life of a McKenzie Friend.

So, what is it really like to be a McKenzie Friend?

People often have a ‘rose tinted’ view of what it is like to be a McKenzie Friend, or many other jobs for that matter. I could just agree with them and say, yes, it’s exactly how they imagine it will be, they will love it, and they will have no problems at all. But, I think to do so, would be doing them a great injustice, and in not, at least, balancing the good things about the job with explaining some of the pitfalls that they will invariably come across, would be very wrong of me.

I thought I’d split my McKenzie Friend experiences into good, bad and ugly. So, for the purposes of this short article, let’s call them, ‘The Good, The Bad, and The Ugly’ (I amaze myself sometimes).

The Good:

The wonderful people that I meet, from all walks of life, who were just going about their daily lives until, wham, court papers get forcefully thrust into their hands or shoved through the letterbox. All these people ever wanted (well, the majority of them anyway, there are always a few who like nothing better than to ‘have their day in court’) was peace in their lives. And, after receiving the papers, all they want is to see justice done. One of the most challenging jobs of a McKenzie Friend, and even before you get into Court, is to work out what has gone on in their lives for them to arrive at the predicament that they are now in. And, most will want to tell you everything about their lives. It is a responsible position, and many will treat you in the same vein as if you were an experienced solicitor or counsellor. This is why I always recommend to budding McKenzie Friends that, although you don’t have to be legally qualified, it certainly does help to at least have an interest in the area of law that you intend to cover, along with a bit of a talent for counselling.

Once you have established the facts, then you are better placed to suggest ways to resolve the issues. But, never, and I’ll say that again, NEVER (sorry about the shouting), tell them that they will get exactly what they ask for at Court. You cannot guarantee that, and it is the one sure way that your words will come back to bite you at a later date. All you can ever do is your best. Your main job is, in fact, to offer moral support and guidance to them. I think a big part of that is to be positive, but also to be honest about the constraints of the legal system, rather than give an idealistic view of how the legal system should work, that you should be aware is unlikely to materialise anyway. Of course, it is all about balance. You also don’t want to laugh and tell them that the last person who went to see the same judge was ridiculed and slapped across the wrists for even suggesting that he has contact with his son. I think you know what I’m saying, be professional but be realistic.

A question that I am always asked is about the type of Court forms to be used. The legal system is a labyrinth of procedures and rules and it can be a very daunting prospect for those unfamiliar with it. If you know just a few of the forms to use, or at least where they may be found, then you may just appear as someone that may be able to help them.

Court preparation is probably the most time consuming part of a McKenzie Friend’s day (other than sitting around in Court of course). And, in that, I include such things as finding a logical argument as to why your client has a much stronger story than his/her opponent, identifying evidence to back the story up, and deciding how best to get across to the Court, ‘how ludicrous it would be for anyone to suggest or believe that the argument was anything but convincing’. You need to remember that our Courts are based on ‘testing (trying to prove) the evidence put before them’. It has very little to do with much else (ok, there is a little more to it than that, but it gives you the general idea). How many times have you seen or heard about a clever solicitor or barrister who has managed to convince a judge or jury that a person is not guilty of the charge against them? They do it by highlighting some evidence and suppressing other evidence.

So, you have met your client, you have helped with filling in the Court forms, and you have prepared the case between you. What next?

Going to Court is a crucial part of being a McKenzie Friend, and in general it is a good part of the role. I won’t go into all the ins and outs of what you are allowed to do and what you are not allowed to do as a McKenzie Friend, as I have covered these in previous blogs and through the website http://www.yourmckenziefriend.co.uk. But, you do need to know that you should be allowed into Court with your client (although the Judge does have discretion, but would need to come up with a fairly good reason to prevent it), that you are not allowed to speak on behalf of your client (unless the Judge allows you to do so), that you can offer quiet advice (and for clarity, that doesn’t include jumping up and shouting ‘OBJECTION’ or ‘TELL HIM YOUR RIGHTS UNDER ARTICLE 6’ (all to do with having the right to a fair trial) at every opportunity, or by shouting out anything else that may cross your mind at the time. Oh, and that would probably be a good enough reason for the judge to evict you from the Court room as well.), and you may take notes. Take a good book (or two) if you are going to Court (you could be there for some time), but, of course, this is not really about you, it is about your client. And, he/she may need a fair amount of moral support and guidance on the day (or possibly not). You have to remember that you are not a solicitor (don’t worry if you forget, you will soon remember that fact by the end of the day once you come across some solicitors or barristers that barely, if at all, recognise your existence, and make it quite clear too - more of that in the ‘ugly’ section). Much depends on how confident your client is in dealing with the various ‘Court people’. You may have to get heavily involved, or you may just be required to help in the background. See what your client wants you to do and always bear in mind that it is their case, as a litigant in person, and you do not have an automatic right to become involved. In fact, you are not allowed to conduct their whole case for them anyway. Once you have finished at Court, then you may have a jubilant or defeated client on your hands, and you will need to handle them in the best possible way (not forgetting that a defeated client may be looking to let off some steam immediately, and guess who is directly in the firing line?). I prefer to see Court as a necessary evil rather than anything to become too exuberant about, and certainly in family Courts, you are sometimes left wondering whether there was any real winner at all! It’s then just back to the office to type up your notes and carry out any other requests made by the Court or your client.

The Bad:

What do you mean, wasn’t that the bad part that I have just read? No, but there isn’t really anything too bad, and much is based upon your perspective of the role (as I have already said). I particularly enjoy meeting people and feeling like that I am helping them to achieve something. I find the sitting around in Court a little less enthralling, although a necessary part of the role (‘you pays your money and you takes your choice’, is a phrase that springs to mind). Others will not agree with me and perhaps have a different perspective. Others have said to me that they like the sound of the role but wouldn’t want to stand up in Court and speak on behalf of their client. It doesn’t happen often, but you may be in a position where a client does not have the ability to articulate himself/herself very well, and in that situation, you may need to do just that, speak for them in Court. How do you feel about ‘representing’ your client in court, rather than just sitting next to them taking notes and giving them some quiet advice? That may appeal to you, it may not, but, it is quite an experience to face up to your clients’ opponent, who happens to have the ‘best lawyer in the world representing him’ (or, so it will seem to you at the time), whilst you have to get your side of the story across. You can see how that would either be a good or bad experience based on your perspective.

The Ugly:

Perhaps ‘ugly’ is too strong a word for it. However, I feel that I do have a duty to tell you about the pitfalls as well as the pleasures. You will come across solicitors and barristers that are perhaps, how can I put it, a little less enthusiastic about your role than you are. In fact, you may have to handle a little rejection from them. Some may not even acknowledge your help (or interference as they may see it). I have to be fair and say that a majority do see that all you are trying to do is move the case forward as quickly as possible and to reach an agreement. But, some, and I suppose rightly so, do see it that you have had no formal training, no legal qualifications, and ‘why should they deal with you? I am training to be a lawyer, so I am careful about not upsetting them too much.

So, there you have it, a day in the life of a McKenzie Friend. So, ok, you may not get to do all of the above every day, and you may find that you are at Court all of one day, and speaking to clients and finding legal arguments the next. It is a varied role, and it can be rewarding, if you put the effort into it, treat it with professionalism and above all enjoy it.

If you would like any further advice about becoming a McKenzie Friend then there are many advice centres and charities that can point you in the right direction. Some offer training courses to become a McKenzie Friend, and you can at least then do some voluntary work for them and find out if you enjoy it at the same time.

You may also contact me and I’ll try to help wherever I can.

http://www.yourmckenziefriend.co.uk

My Recent Legal Q & A Session: Facebook

I have been doing a free question and answer session on Facebook recently. To ensure that as many people get to see the questions and answers as possible, I thought I’d post them on my blog as well, so those that haven’t got access to facebook can see them too (yes, there are some).

If we can help you with any of your legal matters, please check out our website, http://www.yourmckenziefriend.co.uk

1) ‘I received a letter from a solicitor offering me £1500 to settle my case without going to court. The letter said ‘without prejudice’. What does this mean?

When someone puts ‘without prejudice’ on a letter involving money, it usually means that you can take it as them saying, ‘right, we are ready to do a deal with you.’ You can choose to accept the offer and that will be it. If you refuse the offer, and the matter goes to court, it does not necessarily mean that the other side will offer this same figure to you again, and you cannot generally use the letter as evidence in court to show that there was on offer on the table in the first place (although with most things legal, there are exceptions when a Judge may see a ‘without prejudice’ letter). You may of course end up with more in court, or less. It is the risk that you take.

2) ‘I have been threatened, pushed around and humiliated by my ‘soon to be’ ex husband for the past couple of years, and often in front of the children. I want him out of the property, but he refuses, and says that he has a right to stay as the property and mortgage is in both of our names. What can I do, as I just can’t put up with this any longer?’

My first suggestions would be to report any incidents to the police and to see a solicitor as soon as possible (you should be entitled to legal aid for this type of case, although we can help you too if required). If you are suffering from domestic abuse or violence then you need to protect yourself and the children as soon as possible. You need to keep records of all instances (even when you don’t call the police), and if there are any injuries (physical or emotional) you should also see your local GP. All this is important to back up my second suggestion of applying for a Non-Molestation Order and an Occupation Order (types of Injunction). The Non-Molestation Order’s aim is to protect you from the abuse and violence. The Occupation Order’s aim is to get your husband removed from the property. You should be able to obtain an Interim Order from the Courts ex-parte (i.e. without notice to your husband) to cover you in the short-term. You will need to go back to Court to get the Orders longer-term, but you really do need to act now. If your husband breaks the Orders then he can be punished.

3) ‘My lawyer has told me that I should carry on fighting and claim compensation for damages that I received as a result of an incident involving my ex partner. But, when he was charged and appeared in court, he was found not guilty of the charge. That does not seem right to me. Please advise whether I should carry on?’

Without knowing the full details of the case, I can only go on what I assume your lawyer is saying. Your ex partner was found not guilty of the charge against him in a criminal court. It can get a little complicated to understand, but, to have found your ex partner guilty in a criminal court, the Judge/Jury/Magistrate would have had to be convinced ‘beyond reasonable doubt’ that he had committed the crime. That can be quite a hard thing to prove. When you claim compensation for damages, this would be in a civil court. In a civil court, you only need to prove that, it is more likely than not, he was responsible for the incident that resulted in you becoming injured (or, in legal speak, ‘on the balance of probabilities’). That is a lot easier thing to demonstrate to a Judge. So, someone can be cleared of a crime in a criminal court, but still be found responsible and have to pay compensation in a civil court. I hope that makes it a little clearer.

4) ‘My boss at work said that I could not take my holiday at the beginning of December as that is the company’s busiest time. That is when I want to take my holiday. What rights do I have?’

I am assuming that you are employed, not self-employed, and working full-time. You are entitled to 5.6 weeks of paid holiday per year (based on you working a 5-day a week). That equates to 28 days (and for information, companies may count bank and public holidays as part of this entitlement). When you take these holidays is at the discretion of your employer. So, they are quite within their rights to ask you to work at their busiest time of year, ‘December’.

5) ‘I am involved in a messy legal battle with my ex partner in a divorce. My lawyer just can’t seem to tell me what the outcome is likely to be. She must know… Should I find another lawyer?’

The outcomes in family law cases are quite difficult to predict. This is mainly because there is often more than one right answer. Your lawyer seems as if she is doing all the right things for you. You do of course have the right to change lawyers if you feel that you are getting a bad service. But, although a lawyer may be able to get a feel for the way your case is going, nothing is certain or can be absolutely guaranteed until the Judge has made the decision.

6) ’I’ve just been to court on my own and I am totally confused. The Judge asked the person from CAFCASS for a Section 7 Report. What is one of these and should I be worried?’

CAFCASS generally become involved in cases involving children, and may either stay involved with the case as it progresses or drop out. A Judge may ask for a Section 7 Report when he or she needs guidance about making a decision that is in the best interests of the child. There are a few different Section 7 Reports, and they may be referred to as ‘wishes and feelings’, ‘single issue’, ‘full report’ or ‘addendum report’. It is general practice for a Judge to request one of these Section 7 reports and nothing out of the ordinary that should concern you.

7) 'I've been told by a friend that I will have to pay all my ex partners legal fees if I lose my case. I can't afford that. Is that right?'

No, not generally (although there are exceptions, but it is quite rare). Family law cases are very different to normal civil cases (where the loser may be expected to pay the winners and their own costs). Family law cases never really have a winner and a loser as such (although you may not feel that is entirely true at the time). You would be expected to pay your own costs, and your ex partner would pay their costs. It is possible to negotiate costs between the both of you and that may form part of a financial settlement in divorce. The other way is when the courts feel that you have conducted your case unreasonably (e.g. deliberately wasted legal costs). They may then order you to pay some, or all of your ex partners costs, as well as your own, but as I've said, it is quite rare, and almost never happens in children's cases.

8) A question that seems to have cropped up a few times relates to maintenance and contact issues involving children... 'My partner is refusing to pay maintenance. Can I stop contact until I get the money?'

The short answer is no, you cannot stop contact. Contact and maintenance are two completely separate issues. The presumption is that a child should be able to see both of his/her parents. It is not the child's fault that you are not getting the maintenance paid, and you could therefore be punishing the child for something that he/she has no control over. Contact is dealt with through the courts. Maintenance (unless your ex partner is earning above £2000 per week) is handled by the Child Support Agency. The courts may take quite a dim view of you preventing contact over a non payment of maintenance (if your ex partner were to take things further). I would suggest that you get in touch with the Child Support Agency so that they may investigate the matter. If they feel the ex partner is just refusing to pay, rather than not being able to pay, then they can take their own action to enforce payment.

If we can help you with any of your legal matters, please check out our website, http://www.yourmckenziefriend.co.uk

It’s Mine, All Mine... Oh No It’s Not! (How Not To Divorce)

‘I’m having the sofa, the TV and the lamp!’

‘No, you’re not. I’m having them!’

‘No, they are mine!’

‘No, they’re not, I paid for them!’

‘Ok, we’ll go to court, or, I’ll cut them all in half then!’

Does this sound vaguely familiar to you?

Well, perhaps if you have been through, or are going through, the trauma of a divorce, it may be closer to the truth than you would care to admit. Emotions may be running high, there may be a lot of frustration, and then you need to resolve the issues of, ‘who gets what?’

So, if you are going through the difficult and testing times of a divorce, and if you take only one piece of useful advice from this article, please let it be this...

Do yourself a big favour, and do not waste your money, your energy, or the courts time in pursuing ‘who gets what’.

Is that really good advice? I can almost hear the gasps of astonishment now. Yes, it really is not worth it. And, the courts do not like it. In fact, you may even irritate the Judge by bickering over the contents of the house, where in fact, your emotional energy and time could be better spent in resolving the important issues, along with arrangements for any children that you have. Of course, if called upon, and as a last resort, the courts will get involved. But, it is much more sensible to resolve these issues outside of the court. You may even spare yourself a wrap across the knuckles from the judge at the same time.

If you are unable to resolve the issues surrounding the contents of the house, then how can either of you be expected to resolve the arrangements for the children? And, this is how the court may view it.

Time and time again, the court is asked to sort out the question of ‘who gets what?’ And, in a year or two’s time, you’ll be hard pressed to even remember why you fought so hard for an old sofa anyway. So, please try not to get involved in the petty quarrelling.

But, if you don’t take it to court, how do you resolve the issues?

Well, it is always best to try to resolve these issues between the two of you, if at all possible, and tell the court what you have agreed (if necessary). You may not even need to get your solicitors involved, which of course, will save your legal fees too. And, before you say, ‘well, I’m on legal aid, it isn’t my money’, you may need to think again. Firstly, there are plans to restrict the availability of legal aid in many family law areas, which means that it may become a lot more difficult in future for you to obtain legal aid. So, it makes sense to try to save money (potentially your money). And, secondly, in family law cases, you are usually responsible for paying your own legal costs regardless of the outcome. That is, unless the Judge feels that you have conducted your case unreasonably. The bickering over who gets what, and the numerous letters between your solicitors to try to resolve the issues could, in some exceptional circumstances, be viewed as wasting legal costs, and deemed unreasonable conduct. You may then find yourself being ordered to pay for some, or all, of your ex partners legal fees as well as your own.

Of course, we don’t pretend that every case can be resolved amicably, and the courts understand this as well. But, if you can resolve issues between the two of you, without building up unnecessary legal costs, wasting your emotional energy, and everybody’s time, the whole divorce process, which is a difficult enough experience at the best of times, can be made a whole lot smoother for both of you.

Help for Litigants in Person at Court, and Saving You Money on Legal Fees...

http://www.yourmckenziefriend.co.uk

Check Out The New McKenzie Friend Advert...

Check out the new Your McKenzie Friend advert on You Tube...

http://www.youtube.com/watch?v=WnGJRQq7mHc

http://www.yourmckenziefriend.co.uk

Can I Use SMS Text Messages As Evidence In Court?

I thought I'd share any questions that I get, and feel may be of particular interest to you.


So, here goes...


- Can SMS Text Messages be used as evidence in the UK Courts?

Well, they may be considered by a Court, but you would need to be able to show the whole text exchange and call log for the period in question (i.e. it is not good enough to show isolated text messages, as this would not represent a true reflection of the text exchange, and is easily manipulated).


So, if your phone doesn’t keep a lot of messages, and you want to rely on text messages as evidence, you would need to download them and print them, or record them all in writing. You would also need to make your phone available to the Court and the other party (solicitor) for checking.

In the end, as with most things, it is at the discretion of the Judge what is, and what is not accepted as evidence.




http://www.yourmckenziefriend.co.uk

Family Member As A McKenzie Friend?

I have had a few enquiries lately regarding whether family members may act as a McKenzie Friend for them. So, I thought I'd clarify it for everyone.

You can, in theory, have a family member as a McKenzie Friend.

However, in practice, a close family member will probably have an interest in the outcome of the case, and therefore may not be deemed suitable by the Judge. Your opponent (if an ex partner) may also object to your use of a family member as a McKenzie Friend. I know of cases where a family member has been permitted to act as McKenzie Friend, but also a few where that permission has been refused.

I would always recommend using a McKenzie Friend that is independent (such as you would with a solicitor) and who has no connection to you.


http://www.yourmckenziefriend.co.uk

Latest Legal Stuff Making The Headlines - 4 October 2011

Hello again,

As well as keeping myself out of trouble, busying myself at Court, and assisting in your family law matters, I have been trawling the internet for a few stories of interest that you may well have missed (well, I thought they were interesting anyway!).

1. If you don't want to know the score, look away now...

This is a legal battle involving the owner of a pub and legal rights to show football matches on a 'foreign decoder'...

http://www.bbc.co.uk/news/business-15162241

2. The minimum wage (in the UK) increased on 1st October 2011. Here are the new rates...

http://www.bbc.co.uk/news/business-15124843

3. We are all still waiting the impact of the planned legal aid cuts.

This is one person's take on the effect of any potential cuts on human life...

http://www.lawgazette.co.uk/news/death-inevitable-if-legal-aid-cuts-go-ahead

That's it for now.

Please check out the website, http://wwwyourmckenziefriend.co.uk  if I can help you with any of your legal matters.