In light of the February issue by the Lord Chief Justice of England and Wales and the Judicial Executive Board to look into the so-called McKenzie Friends professionals or non-litigants advising clients, critics and supporters recently came up in an on-going discussion.
The law profession is highly praised not just because of the educational foundation behind it but also for the privilege of representing people in court or in private settlements. However, for practical reasons, some people turn to what is known as McKenzie Friends of non-lawyers for advice on cases and sometimes even handling their legal disputes.
McKenzie Friends, as per The Guardian, dates back to a 1970 divorce case in London where representation cannot be afforded by a party. Of course he was provided with a barrister but such is not allowed to participate in court.
Arguing that the party was deprived of his rights, a Judge granted the appeal and started the McKenzie Friends society of non-lawyers who are able to do some tasks that lawyers do and even charge fees, the publication reports.
Meanwhile, as per the Courts and Tribunals Judiciary website, McKenzie Friends are now being stipulated to act as legal counsels or advisors for clients and is now subject to reform after the final decision has been made.
As of current, the issue is still being discussed and are in the care of Justice Asplin with a working group for examination. This has brought differing opinions both from the legal sectors and the McKenzie Friends society.
For ordinary clients who apparently feel that paying up lawyers are too high a price resort to intellectual and knowledgeable individuals like the McKenzie Friends to handle their legal disputes at a cheaper rate. "[My McKenzie Friend] sits beside me in court and whispers to me. My wife has a barrister and whispers into her lawyer's ear. It's the reverse image. The legal profession has made [the law] unnecessarily complex. It's contrived to keep fees up," Ken Walsh, an engineer said, as per The Guardian.
For some, it is recommended to get a McKenzie Friend especially those in low income status, as per the publication. "Independent alternative legal advisers, pressure groups and charities fulfil the need those on low and middle incomes have for quality legal advice. I support freedom of the litigant in person to choose," Nicola Matheson-Durrant of the Family Law Clinic in Windsor said, as per the news agency.
The legal profession believes otherwise and urge that licensed law professionals assure the best service. "Clients of fee-paid McKenzie Friends have no assurance of their legal knowledge, and are left with no redress if things go wrong. They are not necessarily cheaper than solicitors, who are highly regulated and deliver a high standard of quality service," Law Society president Jonathan Smithers said.
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