McKenzie friend vs solicitor: what each can do in family court
This page compares two kinds of help so you can see what each one involves. It does not say which is right for you; that depends on your case, your budget and how much of the work you want to keep in your own hands.
Where the McKenzie friend rules come from
The name comes from an old divorce case in which a litigant was helped in court by a friend who was not a lawyer. Today the main source is the Practice Guidance: McKenzie Friends (Civil and Family Courts), issued on 12 July 2010 by the Master of the Rolls and the President of the Family Division. It is guidance, not a practice direction, and it applies in the family court.
The starting point is that a litigant in person has a right to reasonable assistance from a lay helper. You do not have to justify having one; it is for the court or the other party to give reasons why the help should not be allowed (paragraph 7). The court can refuse it where the interests of justice and fairness do not require it, and paragraph 13 gives examples such as help given for an improper purpose, a helper using the litigant as a puppet, or a helper who does not understand the duty of confidentiality. The guidance expects you to tell the judge as soon as possible who your McKenzie friend will be, and the helper should provide a short CV or statement of relevant experience, confirming they have no interest in the case and understand the role (paragraph 6).
What a McKenzie friend may do
Paragraph 3 of the guidance lists the usual role:
- give moral support;
- take notes;
- help with case papers;
- quietly give advice on any aspect of the conduct of the case.
In practice that can mean helping you read an order, sorting your documents, suggesting what to raise, and passing you a note during the hearing.
What a McKenzie friend may not do
Paragraph 4 is just as clear about the limits. A McKenzie friend may not:
- act as your agent in the proceedings;
- manage the case outside court, for example by signing court documents for you;
- address the court, make oral submissions or examine witnesses.
Speaking in court is a "right of audience", and running the case is the "conduct of litigation". Both are reserved legal activities under the Legal Services Act 2007, and doing them without authorisation is a criminal offence unless the court has granted the right. The guidance says courts should be slow to grant either right to a lay person (paragraphs 18 and 19), and that people who present themselves as professional advocates or McKenzie friends, or who ask for these rights regularly, should be granted them only in exceptional circumstances (paragraph 23).
So even with an experienced McKenzie friend beside you, you are the one who signs, files, serves and speaks, unless the judge decides otherwise.
What a solicitor does
A solicitor instructed to act for you can do all of that on your behalf: correspond with the other side, prepare and file documents, issue applications, arrange service, and either speak for you in court or instruct a barrister to do it. They also give legal advice for which they are professionally responsible.
That responsibility comes with regulation. Solicitors are regulated by the Solicitors Regulation Authority, firms must carry professional indemnity insurance on minimum terms the SRA sets, and the SRA runs a compensation fund of last resort. If you are unhappy with the service, you complain to the firm first and can then go to the Legal Ombudsman, which only deals with complaints about regulated legal service providers.
Fee-charging McKenzie friends
Some McKenzie friends are volunteers or family members. Others charge for their time and work regularly in family courts. The guidance addresses money directly:
- You can agree to pay a McKenzie friend for reasonable help such as clerical work or advice, but you cannot recover those fees from the other side (paragraph 27).
- Fees for conducting litigation that the court has not authorised cannot be recovered from you or from the other side (paragraph 28).
Because McKenzie friends are not regulated as such, there is no compulsory insurance, no professional code that applies to them by law, and the Legal Ombudsman cannot take complaints about them. If you are considering paying one, it is reasonable to ask, in writing, what they will and will not do, what they charge and when, whether they hold insurance, and what happens if you are unhappy.
The third option: a barrister, or a solicitor for one task
Many people mix and match.
- Public Access barristers. Under the Bar Standards Board's Public Access scheme, a member of the public can instruct a barrister directly. The barrister can advise, draft documents and represent you at a hearing. The BSB's guidance for lay clients says the barrister must decide whether your case is suitable, that you may have to file documents and deal with the court yourself unless the barrister is authorised to conduct litigation, and that Public Access is not available for legally aided work. Barristers are regulated by the BSB and must hold insurance.
- Unbundled solicitor work. A solicitor can be asked to do one defined thing, such as advising before a hearing or checking a statement you have drafted. Agree the scope and the price in writing first.
Side-by-side comparison
| McKenzie friend | Solicitor acting for you | Public Access barrister | |
|---|---|---|---|
| Regulated? | No | Yes, by the SRA | Yes, by the BSB |
| Speaks for you in court | Only if the court grants permission, rarely | Yes, or instructs a barrister | Yes |
| Signs, files and serves for you | No | Yes | Only if authorised to conduct litigation |
| Compulsory insurance | No | Yes | Yes |
| Complaints route beyond the provider | None statutory | Legal Ombudsman | Legal Ombudsman |
| Legal aid possible | No | Yes, if you qualify and the firm does legal aid work | No, not through Public Access |
| Who is responsible for the case | You | The solicitor acts on your instructions | You, unless the barrister conducts litigation |
Sharing your papers
Children cases are private. Section 12 of the Administration of Justice Act 1960 and section 97 of the Children Act 1989 restrict what can be published, and Family Procedure Rules Part 12, Chapter 7, controls who information can be passed to. Practice Direction 12G allows a party to share information about the proceedings with a lay adviser or McKenzie friend for the purpose of getting advice or help with the case, and paragraph 15 of the 2010 guidance says the same. The person who receives it may use it only for that purpose. It does not allow the helper, or you, to post about the case online.
Advice from a solicitor or barrister is normally protected by legal professional privilege. Do not assume the same protection applies to conversations with a McKenzie friend; if that matters in your case, ask a lawyer.
Questions to ask before you choose
- What exactly will you do, and what will I still have to do myself?
- Will you be with me at the hearing, and what will you do there?
- What will it cost, and is that a fixed fee or an hourly rate?
- Are you regulated, and are you insured? Who do I complain to if something goes wrong?
- Do I qualify for legal aid? (Only a legal aid provider can assess this; start with the gov.uk checker.)
Free and low-cost help exists too. Gov.uk's legal aid checker tells you whether a legal aid solicitor may be able to help. Advicenow writes plain-English guides for people representing themselves, Support Through Court gives practical, non-legal support at court, and LawWorks lists free legal advice clinics. These organisations are independent and do not endorse EvidenceCanvas.
For more on going to court alone, see representing yourself in family court. For particular hearings, see is it worth getting a solicitor for a hearing about disputed facts and do I need a lawyer for a Family Law Act injunction hearing. If you are a McKenzie friend yourself, our page for McKenzie friends explains how a litigant can invite you into their case.
Where EvidenceCanvas fits, and where it does not. EvidenceCanvas is not a McKenzie friend, a solicitor or a barrister. It does not advise, attend court, sign, file or serve anything. It is software you use to organise your own documents and get a chronology or statement drafted from them, which you then check, and you can share your case with a helper of your choice.
Questions people ask
- Can a McKenzie friend speak for me in family court?
- Not normally. They can sit with you, take notes and quietly advise. The court can grant a right of audience case by case, but the 2010 guidance says courts should be slow to do so, and for people who act as McKenzie friends regularly or for payment it should happen only exceptionally.
- Can a McKenzie friend sign or file documents for me?
- No. The guidance says a McKenzie friend may not manage the case outside court, for example by signing court documents. You sign, file and serve them yourself.
- Are McKenzie friends regulated?
- No. There is no regulator, no compulsory insurance and no Legal Ombudsman route for complaints about McKenzie friends. Solicitors and barristers are regulated by the SRA and the BSB.
- Can I show my court papers to a McKenzie friend?
- Yes, for the purpose of getting advice or help with your case. Practice Direction 12G and the 2010 guidance allow this. They may use the information only for that purpose.
- Can I get back what I pay a McKenzie friend from the other side?
- Generally no. The guidance says fees for reasonable help such as clerical work or advice cannot be recovered from the other party.
Checked on 23 October 2026: Practice Guidance: McKenzie Friends (Civil and Family Courts), 12 July 2010, judiciary.uk (paras 3 to 7, 13, 15, 18, 19, 23, 27 to 30); BSB Public Access guidance for lay clients (paras 3 to 9); Legal Ombudsman: complaints we can help with; Solicitors Regulation Authority: consumers; Practice Direction 12G (para 2.1, updated 6 April 2023); FPR Part 12 (rules 12.73 and 12.75); Administration of Justice Act 1960, section 12; Children Act 1989, section 97. General information for England and Wales, not legal advice. Your court's directions take priority over this guide.