Senior judges “deeply concerned” about proliferation of McKenzie Friends but leave reform to government
Senior judges have said this week that they remain deeply concerned about the proliferation of McKenzie Friends “who in effect provide professional services for reward when they are unqualified, unregulated, uninsured and not subject to the same professional obligations and duties, both to their clients and the courts, as are professional lawyers”.
The Judicial Executive Board (JEB), which is chaired by the Lord Chief Justice Lord Burnett, also said: “The statutory scheme was fashioned to protect the consumers of legal services and the integrity of the legal system. JEB’s view is that all courts should apply the current law applicable to McKenzie Friends as established by Court of Appeal authority.”
The JEB’s comments were contained in its response to a consultation it issued in February 2016 concerning possible reforms to the court’s approach to lay individuals who help individuals who litigate without the assistance of a lawyer.
The consultation paper also suggested possible reforms to the courts’ approach to the exercise of its power to grant lay individuals the right to either conduct litigation or exercise a right of audience on behalf of the LiP.
However, in its response the JEB has said that it is for the government to consider appropriate steps to be taken to enable LiPs to secure effective access to legal assistance, legal advice and, where necessary, representation.
The response said: “The question of the reform of the courts’ approach to McKenzie Friends is one on which, as the consultation demonstrates, there are varying strongly held views. The growth in McKenzie Friends has coincided with the period following the enactment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The government has been reviewing the impact of the changes to the availability of legal aid. JEB conclude that the growth in reliance on McKenzie Friends, and particularly fee-charging ones, should be considered in the context of the impact of those changes.”
The JEB and the Lord Chief Justice will refer the consultation response and an annex summarising the views expressed to the Lord Chancellor.
The Board also said it supported the view that a plain language guide for LiPs and McKenzie Friends could be produced by a non-judicial body for the assistance of LiPs. “The judiciary continues to support the promotion of public legal education which would be aided by such a guide.”
The Lord Chief Justice and the JEB meanwhile noted that the current Practice Guidance on McKenzie Friends had not been revised or updated since it was issued in 2010. “To ensure that it properly reflects the current case law, it should now be updated and re-issued,” they said.
