A McKenzie friend assists a litigant in person in a common law court. This person does not need to be legally qualified. The crucial point is that litigants in person are entitled to have assistance, lay or professional, unless there are exceptional circumstances.
Their role was set out most clearly in the eponymous 1970 case McKenzie v. McKenzie. Although this role applies in the jurisdiction of England and Wales, it is regarded as having its origins in common law and hence has been adopted in practice in other common law jurisdictions such as Australia, Canada, Hong Kong, Ireland, New Zealand and the United States. Although in many cases a McKenzie friend may be an actual friend, it is often somebody with knowledge of the area. He or she may be liable for any misleading advice given to the litigant in person but are not covered by professional indemnity insurance.
The role is distinct from that of a next friend or of an amicus curiae.
Read more about McKenzie Friend: Origin
Famous quotes containing the word friend:
“He doesn’t want you for friends, that’s why he did it. You see, when guys have been in the line as long as we have, you find out it’s no good to make friends, ‘cause when a friend gets it—well, it’s rough on you. The buddies that come with you you’re stuck with, but you don’t make no new ones. It’s the dyin’ truth.”
—Gil Doud, U.S. screenwriter, and Jessie Hibbs. Johnson (Marshall Thompson)