This is what family court judges are expected to know about the role of 'McKenzie Friends' (non-Solicitors) and what a family court judge or magistrate will and won't allow an MF to do, to help litigants in person (unrepresented parties) :

https://www.judiciary.uk/wp-content/uploads/JCO/Documents/Guidance/mckenzie-friends-practice-guidance-july-2010.pdf

In practise, to summarise, there are only a few differences, in my view, between a Family Law Solicitor and a McKenzie Friend (MF), which are as follows:

1. A solicitor is allowed to write letters for and act as an agent for the client, and can communicate for their client with the court admin office and the other side.

A McKenzie Friend may not act as an 'agent'. However, MFs can draft letters and forms for the client, and perfect documentation for the client, for the client to process in their own right. Solicitors take over and control a case, and make all of the decisions, without alot of reference to their client, whereas MF's work as a team with the client, with or without the input from family members or partners.

2. The family law solicitor will have a degree in law and several years further education, training and supervision, before being allowed to represent a client.

This doesn't necessarily make them a better practitioner though, as proven by the professional aptitude and quality of many McKenzie Friends.

There is no legal requirement for a PMF to have this type of education and training. However, some do have degrees in law and business and experience of the family court system, either by having been personally involved in it in their lives, or through helping in the family courts or for charities.

3. The conduct of a Solicitor is regulated by the Law Society and Solicitors Regulation Authority.

MF's do not have a regulating body, but clients can complain and lodge legal proceedings against them in the County Court. And, of course, there is Social Media, where dissatisfied clients can express their dissatisfaction with a McKenzie Friend, if they wish.

4. Family Law Solicitors (with rights of advocacy) and Barristers are automatically permitted to speak on behalf of the client in court proceedings.

MF's are only permitted to speak for their client with the court's permission. It is rare that they need to speak for clients, as most clients are extremely competent and capable to speak for themselves, with a little moral support. MF's can draft scripts for their clients to read from in court, so that they are fully armed and prepared for questions which a judge may ask and the other side may allege. Polishing witness statements and position statements, and script writing of cross -examination questions, and opening and closing submissions, are all part of the daily work of a diligent McKenzie Friend.

5. On average, family law solicitors charge between £250 - £500ph plus VAT, and expect to retain a large deposit from the client, over and above their fees.

On average, PMFs charge between £60-£100ph, and do not ask for additional large deposits, over and above their fees.

6. Solicitors instruct Barristers, and expect to hold a large retainer to pay the Barrister in due course, and do not pay the barrister until close to or after a hearing.

MFs do not instruct Barristers, and certainly do not hold on to a fee which is destined for a barrister. MF's will shortlist barristers for the client, find a few to contact, but not 'instruct' them, and that client will be the only point of contact with the barrister. Where to find a public access barrister and what to say, is the limit of the MF's involvement.

I hope that assists you in understanding the differences between McKenzie Friends and that of a family law solicitor.

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