We thought that The Transparency Project ought to produce a response to the recent consultation on fee-paid Mckenzie Friends. Now that we have finalised and submitted our response (just before the extended deadline – phew!) we are publishing it here for you to read. We hope it will prompt some discussion because we don’t think this is an easy topic or one that is very well understood.
Mckenzie Friends Consultation – The response of The Transparency Project
by Lucy R | Jun 9, 2016 | Comment, Resources | 2 comments
2 Comments
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- McKenzie Friends: responses to the consultation | The Transparency Project - […] The Transparency Project responded to this consultation on 8 June. You can read our response here. […]
There is a brief rundown here of the responses from the professional bodies that represent barristers and solicitors.
http://www.lawgazette.co.uk/practice/professional-bodies-round-on-paid-mckenzie-friends/5055743.article?utm_source=dispatch&utm_medium=email&utm_campaign=GAZ09062016
I have not read the TP response in full. However, it is well known by my local Family Courts; I refuse to call myself a ‘McKenzie Friend’. I call myself a ‘Family Court Lay Advisor.’ ‘McKenzie Friend’ to me has become such a tainted, dirty, grubby term. It implies taking money from people at their most vulnerable and desperate; not a good trait as a human being. And I have experienced so many ‘McKenzie Friends’ who give dangerous, uninformed and potentially life harming advice/information, that it frightens me.
I make clear to the people who come to me (normally via word of mouth and recommendation; I don’t go ‘looking for business’) I have studied the law and have legal qualifications as well as child protection qualifications. I am familiar with the ‘jargon’ of the courts and their documents and that of local authorities. But I am not qualified to call myself a ‘solicitor’ or a ‘paralegal’.
Because of that I charge nothing. (I might ask a parent/s to send me the occasional text or use their own mobile credit; that is it.) I don’t think I am entitled the right to charge people for my knowledge and experience which is not (in my own opinion) sufficient to claim this as an ‘occupation’; that is, I consider myself a volunteer.
I always put in writing ‘terms and conditions’; that is what parent/s can expect from me and what I expect from them.
(In my ‘real’ occupation; I am considered a professional.)
I have experienced in my local courts a change over the last year. If the parents I support ask ‘Can I bring my Lay Advisor along for support?’ they are never told no. Where the parent/s are LiP, the judge gives me right to sit next to them in court and take notes and quietly advise them in the room; usually, in the end to speak for the LiP.
I have also experienced solicitors and barristers who welcome me to help me assist their client and support the client but also ‘throw out a few questions or solutions.’
Sorry this is so long, but I thought I would try to get the discussion going. I am open to being told I am completely wrong and perhaps ‘being a mug’.
Regards
TC
* I have ‘thumbs up this comment:
How about Personal Support worker? And why not carry out their voluntary support work from the Personal Support Units situated in the court buildings?
http://www.lawgazette.co.uk/practice/professional-bodies-round-on-paid-mckenzie-friends/5055743.article?utm_source=dispatch&utm_medium=email&utm_campaign=GAZ09062016