Family Law
McKenzie Friend or Barrister?
What a McKenzie friend can and cannot do in the family court, how that compares with a regulated Barrister, and how to decide which suits your case.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
A McKenzie friend is someone who sits with a litigant in person in court to give support. The role is set out in the Practice Guidance: McKenzie Friends (Civil and Family Courts) issued in 2010. A McKenzie friend can be a relative, a friend, a volunteer from a support organisation, or a person who charges for the service.
The guidance is clear about the limits. A McKenzie friend can provide moral support, take notes, help with case papers and quietly give advice on points of law or procedure. They have no rights of audience and no right to conduct litigation, so they cannot speak for you in court, question witnesses or act as your agent. The court can grant those rights in exceptional circumstances, but you should not plan your case on the assumption that it will.
Paid McKenzie friends are not regulated as a profession. There is no statutory regulator setting standards of training or conduct, no requirement to hold professional indemnity insurance, and no compulsory complaints scheme. Some are knowledgeable and helpful, but the quality varies and you have limited recourse if something goes wrong.
A Barrister is regulated by the Bar Standards Board, must meet continuing training requirements, and self-employed Barristers must hold professional indemnity insurance. A Barrister has full rights of audience, so they can make submissions, cross-examine witnesses and argue the law on your behalf. Through Direct Access you can instruct one for a specific hearing or piece of advice without instructing a Solicitor.
What McKenzie Friends and Barristers Do
What a McKenzie Friend Can Do
Under the 2010 Practice Guidance:
- Provide moral support in court
- Take notes during the hearing
- Help organise case papers
- Quietly suggest questions or points
- Help you understand procedure
- Attend with the court's permission
What a McKenzie Friend Cannot Do
Without special permission from the court:
- Address the judge on your behalf
- Examine or cross-examine witnesses
- Sign court documents for you
- Act as your agent with the court
- Conduct the litigation
- Offer regulated legal protection
A court can grant rights of audience to a lay person, but only exceptionally and case by case.
What a Barrister Adds
A Direct Access Barrister can:
- Speak for you at the hearing
- Cross-examine witnesses
- Make legal submissions
- Draft statements and position statements
- Give formal written advice
- Negotiate with the other side at court
Regulation and Protection
When you instruct a Barrister:
- Regulated by the Bar Standards Board
- Professional indemnity insurance in place
- Bound by a professional code of conduct
- Duty of confidentiality
- Complaints route to the Legal Ombudsman
- Client care letter setting out the terms
How Direct Access Works
- 1
Identify the Hearing Type
Decide what the next hearing is for. A directions hearing may need little more than support, whereas a contested or fact-finding hearing involves evidence and argument.
- 2
Check the Other Side
If the other party has a Barrister or Solicitor, consider whether support alone will be enough to put your case on an equal footing.
- 3
Get a Fixed Quote
Tell us about the case and receive a fixed fee for the specific work, such as advice, drafting or a single hearing, before you commit to anything.
- 4
Suitability and Client Care
The Barrister confirms your case is suitable for public access and sends a client care letter recording the scope of work, the fee and what you remain responsible for.
- 5
Preparation and Hearing
The Barrister reviews your papers, advises on strategy and represents you. You can still bring a friend or family member for support on the day.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
Do I need the court's permission to have a McKenzie friend?
A litigant in person should normally be allowed reasonable assistance from a McKenzie friend, but the court can refuse or limit it, for example where the proposed friend is pursuing their own agenda or the assistance would undermine the hearing. You should tell the court in advance and, ideally, provide a short note about the person and their role.
Can a McKenzie friend speak for me in court?
Not by default. A McKenzie friend has no right of audience. The judge has a discretion to allow a lay person to address the court, but the Practice Guidance treats that as exceptional and it is usually refused where the litigant is able to speak for themselves.
Are paid McKenzie friends regulated?
No. Paid McKenzie friends are not a regulated profession, so there is no mandatory insurance, no prescribed training and no statutory complaints body. Check their background carefully, ask what they will and will not do, and get any agreement about fees in writing.
Can I have a Barrister and a McKenzie friend?
Yes, in the sense that you can bring a friend or relative to court for support while your Barrister represents you. A McKenzie friend's role is to help a litigant in person, so once you are represented the court will generally expect your Barrister to deal with the hearing.
Is a paid McKenzie friend cheaper than a Barrister?
Sometimes, but compare what you are buying. A McKenzie friend cannot present your case, question witnesses or make legal submissions. If the hearing turns on evidence or the law, a fixed fee Barrister for that hearing alone may represent better value than ongoing support that stops at the courtroom door.
When does a McKenzie friend make sense?
A McKenzie friend can be useful for emotional support and note-taking at routine hearings, especially if you are confident speaking for yourself. Many litigants use a Barrister for the hearings that matter most, such as a fact-finding or final hearing, and manage the rest themselves.
What protection do I have if a Barrister gets it wrong?
Barristers are bound by the Bar Standards Board Handbook and must have a complaints procedure. If a complaint about service is not resolved, you can usually take it to the Legal Ombudsman. Self-employed Barristers must also hold professional indemnity insurance.
Need More Than Support on the Day?
Instruct a regulated family Barrister to speak for you at the hearings that matter, on a fixed fee agreed in advance.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.