‘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.
