FAQ 55

Q55. A friend has asked me to appear at an Employment Tribunal hearing on her behalf. May I do so without instructions from a professional client? I will not be charging a fee and do not want my friend to go to the trouble and expense of instructing a solicitor. If this is not possible may I appear as a McKenzie friend?

A55. The Code of Conduct permits you to offer advice free to a friend or relative and, as this is not deemed to be a legal service, you do not need instructions from a professional client in order to give such advice. Of course, were you to provide advice on an aspect of the law with which you were unfamiliar, you might run the risk of a complaint being made against you under paragraph 301(a) of the Code. On the other hand, representation is a legal service even if undertaken free. If you wish to appear on behalf of a friend or relative you must get instructions from a solicitor or, alternatively, accept instructions directly from the client if you have done the necessary training under the Public Access Rules and comply with all the necessary client care provisions.

The Code does not specifically prevent you appearing at a hearing as a McKenzie friend. However, you are advised to consider carefully whether you will be acting in the best interests of your friend by assisting in this fashion. There are many cases which will require preparation of the sort which can only be conducted by a solicitor. Furthermore, your ability to provide independent advice may be hampered by your friendship. Should your friend be dissatisfied with the result, not only may a friendship be lost but the litigant, in the absence of any professional indemnity insurance to pursue, may pursue a claim of professional misconduct against you. Paragraph 301 encompasses conduct "...whether in pursuit of his profession or otherwise...” These words are wide enough to include the role of a McKenzie friend.

You are advised to consider the Code as a whole and in particular paragraphs 303(a), 307(a) and 401(b) before agreeing to act as a McKenzie friend. It is unwise to undertake this role unless you believe that there is no risk to your professional practice.