Practical dividing line
A McKenzie Friend may ordinarily advise, research, draft, organise papers, prepare bundles, take notes, provide moral support and quietly assist the litigant.
A McKenzie Friend may not ordinarily issue or conduct proceedings for another person, sign documents for the litigant, become the representative on the record, exercise advocacy, examine witnesses, give solicitor undertakings, administer oaths or perform reserved instrument work.
Court-granted rights: A right of audience and a right to conduct litigation are distinct. Each must be separately requested and justified. Permission is case-specific, may be withdrawn, and creates no precedent for another hearing or case.
| Task | What this means | Solicitor | McKenzie Friend |
|---|---|---|---|
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Initial consultation and fact gathering The McKenzie Friend must not claim to be a solicitor or regulated lawyer.
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The McKenzie Friend must not claim to be a solicitor or regulated lawyer. | Yes | Yes |
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Explain family-law principles and court procedure Giving legal advice is not itself a reserved legal activity; competence and honesty remain essential.
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Giving legal advice is not itself a reserved legal activity; competence and honesty remain essential. | Yes | Yes |
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Advise on prospects, evidence, strategy and settlement The litigant remains responsible for decisions; most McKenzie Friends are not regulated like solicitors.
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The litigant remains responsible for decisions; most McKenzie Friends are not regulated like solicitors. | Yes | Yes |
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Research legislation, rules, practice directions and case law Research and advisory assistance are permitted.
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Research and advisory assistance are permitted. | Yes | Yes |
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Calculate indicative child maintenance or financial outcomes Specialist tax, pension, valuation or accountancy advice may require a qualified expert.
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Specialist tax, pension, valuation or accountancy advice may require a qualified expert. | Yes | Yes |
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Prepare the client for mediation Acting as the neutral mediator is a separate role.
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Acting as the neutral mediator is a separate role. | Yes | Yes |
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Attend mediation with the client Depends on the mediator's rules and agreement of the participants.
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Depends on the mediator's rules and agreement of the participants. | Conditional | Conditional |
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Negotiate directly before proceedings A McKenzie Friend may assist or communicate with authority, but must not misrepresent their status or stray into reserved work.
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A McKenzie Friend may assist or communicate with authority, but must not misrepresent their status or stray into reserved work. | Yes | Conditional |
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Negotiate while proceedings are active They may advise and help formulate proposals but should not assume control of the litigation or act as solicitor on the record.
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They may advise and help formulate proposals but should not assume control of the litigation or act as solicitor on the record. | Yes | Conditional |
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Draft letters and settlement proposals They should normally be approved and sent in the client's name.
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They should normally be approved and sent in the client's name. | Yes | Yes |
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Receive copied correspondence The litigant should remain the formal recipient and address for service.
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The litigant should remain the formal recipient and address for service. | Yes | Conditional |
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Correspond formally with the court as representative The litigant should ordinarily send and sign court communications.
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The litigant should ordinarily send and sign court communications. | Yes | No |
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Make a routine administrative enquiry of the court Permissible only without purporting to manage the case or act as legal representative.
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Permissible only without purporting to manage the case or act as legal representative. | Yes | Conditional |
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Help complete divorce, C100, C1A, C2, C79 or FL401 forms The litigant must check, sign, verify and issue the application.
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The litigant must check, sign, verify and issue the application. | Yes | Yes |
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Help complete Forms A, E, H and other financial-remedy documents The litigant remains responsible for disclosure, accuracy, signature and filing.
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The litigant remains responsible for disclosure, accuracy, signature and filing. | Yes | Yes |
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Draft a witness statement It must contain the witness's own evidence and be approved and signed by that witness.
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It must contain the witness's own evidence and be approved and signed by that witness. | Yes | Yes |
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Draft a position statement, case summary or chronology The litigant must approve and adopt the document.
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The litigant must approve and adopt the document. | Yes | Yes |
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Draft a schedule of allegations or responses The factual content must come from, and be verified by, the client.
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The factual content must come from, and be verified by, the client. | Yes | Yes |
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Draft cross-examination questions Drafting is permitted; asking them in court requires a right of audience.
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Drafting is permitted; asking them in court requires a right of audience. | Yes | Yes |
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Draft written submissions or a skeleton argument The litigant must adopt and file them unless additional rights are granted.
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The litigant must adopt and file them unless additional rights are granted. | Yes | Yes |
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Draft grounds of appeal Drafting assistance is permitted; prosecuting the appeal for the client is not.
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Drafting assistance is permitted; prosecuting the appeal for the client is not. | Yes | Yes |
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Assist with wording of a consent order Assistance is possible, but the litigant must approve it; specialist advice is prudent for financial, tax and pension terms.
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Assistance is possible, but the litigant must approve it; specialist advice is prudent for financial, tax and pension terms. | Yes | Conditional |
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Give or certify formal independent legal advice A McKenzie Friend cannot certify advice in the capacity of an authorised lawyer.
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A McKenzie Friend cannot certify advice in the capacity of an authorised lawyer. | Yes | No |
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Sign a statement of truth or application for the client A McKenzie Friend must not sign court documents on behalf of the litigant.
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A McKenzie Friend must not sign court documents on behalf of the litigant. | Conditional | No |
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Issue or commence proceedings for the client Issuing proceedings for another person falls within the reserved conduct of litigation.
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Issuing proceedings for another person falls within the reserved conduct of litigation. | Yes | No |
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File documents as the person conducting the case A McKenzie Friend may help prepare or mechanically deliver documents, but cannot assume procedural responsibility.
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A McKenzie Friend may help prepare or mechanically deliver documents, but cannot assume procedural responsibility. | Yes | No |
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Upload through a professional court account A McKenzie Friend cannot obtain or use professional access by presenting as a regulated representative.
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A McKenzie Friend cannot obtain or use professional access by presenting as a regulated representative. | Yes | No |
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Prepare a hearing bundle The litigant remains responsible for compliance, filing and service.
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The litigant remains responsible for compliance, filing and service. | Yes | Yes |
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Mechanically deliver documents to the court or another party Expressly recognised in the Practice Guidance; delivery must not become management of litigation.
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Expressly recognised in the Practice Guidance; delivery must not become management of litigation. | Yes | Yes |
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Review disclosure and advise on it The client retains the duty of full and frank disclosure and must preserve confidentiality.
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The client retains the duty of full and frank disclosure and must preserve confidentiality. | Yes | Yes |
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Formally instruct an expert during proceedings The McKenzie Friend may assist with draft questions, but formal instruction may form part of conducting litigation.
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The McKenzie Friend may assist with draft questions, but formal instruction may form part of conducting litigation. | Yes | No |
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Instruct a barrister A McKenzie Friend cannot instruct as a solicitor; the litigant may use an eligible Direct Access barrister and a McKenzie Friend can recommend.
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A McKenzie Friend cannot instruct as a solicitor; the litigant may use an eligible Direct Access barrister and a McKenzie Friend can recommend. | Yes | Conditional |
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Sit beside and quietly advise the litigant at a hearing A core McKenzie Friend function, subject to the court's control.
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A core McKenzie Friend function, subject to the court's control. | Yes | Yes |
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Provide moral support, take notes and organise papers Core functions identified in the Practice Guidance.
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Core functions identified in the Practice Guidance. | Yes | Yes |
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Attend a private or remote family hearing The litigant should identify the McKenzie Friend; there is a strong presumption in favour, but the court may restrict attendance or assistance.
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The litigant should identify the McKenzie Friend; there is a strong presumption in favour, but the court may restrict attendance or assistance. | Yes | Conditional |
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Attend an FDR or advocates' meeting Permission or a direction may be required; confidentiality and the precise role must be respected.
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Permission or a direction may be required; confidentiality and the precise role must be respected. | Yes | Conditional |
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Address the judge or make oral submissions No automatic right of audience; permission must be obtained for the particular hearing.
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No automatic right of audience; permission must be obtained for the particular hearing. | Yes | Conditional |
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Examine or cross-examine witnesses Requires a specific right of audience; statutory prohibitions on personal cross-examination may also apply.
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Requires a specific right of audience; statutory prohibitions on personal cross-examination may also apply. | Yes | Conditional |
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Conduct the litigation in the client's place A separate right to conduct litigation is required and is granted to lay persons only rarely.
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A separate right to conduct litigation is required and is granted to lay persons only rarely. | Yes | Conditional |
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Make procedural decisions, bind the client or give undertakings A McKenzie Friend cannot bind the litigant or give a solicitor's professional undertaking.
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A McKenzie Friend cannot bind the litigant or give a solicitor's professional undertaking. | Yes | No |
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Approve or consent to an order as legal representative They may advise on wording, but the litigant must personally approve or consent.
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They may advise on wording, but the litigant must personally approve or consent. | Yes | No |
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Certify a document as a solicitor They may witness only where an ordinary independent adult witness is legally sufficient.
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They may witness only where an ordinary independent adult witness is legally sufficient. | Yes | No |
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Prepare or lodge a property-transfer or Land Registry instrument Reserved instrument activities require appropriate authorisation.
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Reserved instrument activities require appropriate authorisation. | Yes | No |
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Commence enforcement or committal proceedings They may advise and draft; the litigant must commence and conduct the application.
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They may advise and draft; the litigant must commence and conduct the application. | Yes | No |
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Conduct an appeal or appear in the High Court/Court of Appeal Separate litigation and/or audience rights are needed; professional McKenzie Friends receive permission only exceptionally.
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Separate litigation and/or audience rights are needed; professional McKenzie Friends receive permission only exceptionally. | Conditional | Conditional |
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Provide SRA-regulated protections and complaints route Independent McKenzie Friends do not ordinarily provide SRA, Compensation Fund or Legal Ombudsman protection.
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Independent McKenzie Friends do not ordinarily provide SRA, Compensation Fund or Legal Ombudsman protection. | Yes | No |
Primary authorities
- Practice Guidance: McKenzie Friends (Civil and Family Courts), 12 July 2010
- Legal Services Act 2007, sections 12-19 and Schedules 2-3
- SRA guidance: Firm authorisation and reserved legal activities
Important: This is a general practice reference, not a substitute for checking the current legislation, Family Procedure Rules, court directions or the precise scope of any order granting additional rights. A solicitor can perform a task only within their own authorisation, competence and advocacy rights.