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  • McKenzie Friend. Ideas, thoughts ,criticisms

    Over the last few months, i have noted an increased number of people contacting the firm, but being unable to engage the firm to represent them due to the fees.

    It is undoubtedly true that for a law firm, there are pretty heavy overheads and as a business, you need to make profit. The problem is that when a person cannot engage the firm, they are left with difficulties as they cannot get advice from places like CAB when dealing with Consumer Credit related matters, they cannot get legal aid, they are left to fight their own corner.

    Now, i know that there was a case a few years before i was born, in 1970, called McKenzie v McKenzie , the case was in the Court of Appeal, and it laid down the principles for the McKenzie friend.

    The Master of the Rolls handed down some guidance on a McKenzie friend here http://www.familylaw.co.uk/system/up..._July_2010.pdf

    So, i may have a solution for people who cannot afford a lawyer.

    I have legal qualifications, i hold a diploma in english law from the Open University, i have a Certificate in Legal Studies from the OU, i am a member of the Chartered Institute of Legal Executives, and have passed a number of Ilex courses with very high grades, and i have indemnity insurance upto 1million pounds for professional negligence.

    I also have a large amount of experience in litigation, indept knowledge of court procedures, etc, and of course my results from my time with Watsons shows my knowledge of Consumer Credit law.

    So, what am i thinking of doing?

    Well i am thinking of offering a service as a McKenzie friend, i will charge obviously for the service, but the charge will be vastly less than you would pay a lawyer.

    I will be able to advise on all aspects of the case, i will be able to assist in preparing for trial, i will be able to attend court with you (subject to the Courts approval) and if the Court agrees, i may be able to address the Court for you, or assist with the trial.

    I will not be able to conduct the litigation, the client would retain control of the case, but i will be able to assist with letter drafting, advice on documents etc.

    I am not sure whether i will be doing this for a fixed fee, or per the hour, i guess a lot will depend on what work is involved.

    At this stage im just canvassing for opinions on this and to see if its worth doing, as the registration to get this going would be costly, and i want to make sure i am not wasting my time.

  • #2
    Re: McKenzie Friend. Ideas, thoughts ,criticisms

    You know our view at AAD Paul.

    Brilliant
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    • #3
      Re: McKenzie Friend. Ideas, thoughts ,criticisms

      Any help you offer Paul is apreciated by us all, and im pretty sure, we would snap your hand off for a chance for you to advise us.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Re: McKenzie Friend. Ideas, thoughts ,criticisms

        Originally posted by Never-In-Doubt View Post
        You know our view at AAD Paul.

        Brilliant
        Thanks bud,

        Its an option that allows people access to advice, but at a much less sum, i am insured, and would make sure before i start that all necessary licenses etc.

        There are many who cannot afford to pay the firm £150 per hour, but could potentially afford to cover my costs as a McKenzie friend. Plus i wont be charging VAT either. not until i earn the VATable limit

        For me its about bridging a gap in the system, and allowing people the chance at justice.

        Comment


        • #5
          Re: McKenzie Friend. Ideas, thoughts ,criticisms

          Sounds great Paul..... really hope you're able to do it :-)
          Remember the mantra:
          NEVER communicate by 'phone.

          Send EVERYTHING by Recorded/Special Delivery
          Keep a copy of EVERYTHING sent
          Keep hold of EVERYTHING received

          PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)


          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #6
            Re: McKenzie Friend. Ideas, thoughts ,criticisms

            PlanB is currently undergoing training as a McKenzie Friend but you'd all be better off with Paul obviously

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            • #7
              Re: McKenzie Friend. Ideas, thoughts ,criticisms

              Originally posted by PriorityOne View Post
              Sounds great Paul..... really hope you're able to do it :-)
              It would allow me to do so much more, Niddy will know how frustrating it is for me to have to say "i cant help because of our firms insurance, or because the client cant afford to pay my professional hourly rate"

              This is just a thought at this stage, nothing concrete, just bouncing out some ideas at the minute.

              Comment


              • #8
                Re: McKenzie Friend. Ideas, thoughts ,criticisms

                I think it's a brilliant idea!
                So many people are terrified of the idea of appearing in court, so having someone like yourself who is, let's face it, without peer in knowledge of consumer issues, on side at less than the price of a solicitor is a no brainer. Of course they'd jump at it!

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                • #9
                  Re: McKenzie Friend. Ideas, thoughts ,criticisms

                  Here's an explanation of what a McKenzie Friend can do:

                  http://en.wikipedia.org/wiki/McKenzie_friend

                  Comment


                  • #10
                    Re: McKenzie Friend. Ideas, thoughts ,criticisms

                    Originally posted by planB View Post
                    PlanB is currently undergoing training as a McKenzie Friend but you'd all be better off with Paul obviously
                    Excellent Di,

                    For many, attending court on their own is a night mare, they will not be aware of the way courts operate, and litigants in person often take issues which ought to be dropped, and at least if a McKenzie friend was involved then they would atleast be able to steer the case

                    I hope you succeed at this Di. There is a real lack of support for people who are facing real difficulties due to the Civil Justice reforms and legal aid restrictions, so there is definitely an opening for this.

                    Comment


                    • #11
                      Re: McKenzie Friend. Ideas, thoughts ,criticisms

                      Paul, can you start tomorrow?!

                      Fabulous idea and I wish you well. X

                      Comment


                      • #12
                        Re: McKenzie Friend. Ideas, thoughts ,criticisms

                        Think this is a great idea, Paul.

                        Best of luck - and please keep us posted of your progress.
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


                        • #13
                          Re: McKenzie Friend. Ideas, thoughts ,criticisms

                          Paul

                          That is an exellent idea and ideally what this forum needs to compliment the already exellent advice and facilities on offer here.

                          You are regarded as a trusted authority on here by newbys and older members alike. The help and advice you give is second to none and it is respected by all.

                          Many people, Myself included recognise that professional help is what is needed if the crunch comes but are struggling just to feed thier kids ect. They need the professional help, They realise it makes all the difference but just cannot afford it when it is a real struggle sometimes to find the money for daily living. An affordable option that "If you had to find the money you would" would be most welcome

                          The chances of a successful outcome are greatly increased with the assistance of professional help, That is a given. Even if you were fairly confident in addressing a court on your own, Having that professional help and assistance with you would I'm sure make all the difference.

                          There would be advice and direction on hand to ensure that the creditors representatives did not "ride all over you" with clever tactics that may "throw" a LIP ( If they started quoting this caselaw and that case law I think I would be lost personally). That assistance and experience would guide the LIP back onto the track so they could counter their silly games and hopefully hammer home a solid argument. As you say, In some cases you may well be able to address the court yourself.

                          It is a service I would certainly use where I think I would struggle to afford the services through the normal route.
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                          • #14
                            Re: McKenzie Friend. Ideas, thoughts ,criticisms

                            Absolutely fantastic idea Paul.

                            My only point would be would you be able to juggle this with other commitments?

                            Also, with respect to the case, I was under the impression that McKenzie Friend was legally recognised, and had to be allowed in a court to assist an LIP, but was unable to address the court or answer on their behalf (the LIP). At least that was my understanding.
                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment


                            • #15
                              Re: McKenzie Friend. Ideas, thoughts ,criticisms

                              Originally posted by oscar View Post
                              Absolutely fantastic idea Paul.

                              My only point would be would you be able to juggle this with other commitments?

                              Also, with respect to the case, I was under the impression that McKenzie Friend was legally recognised, and had to be allowed in a court to assist an LIP, but was unable to address the court or answer on their behalf (the LIP). At least that was my understanding.
                              You can ask the Court to allow the McK friend to have a right of audience and you can get leave to allow them to conduct litigation too.

                              This was set out in the link in the first post i made.

                              As for other commitments, theres a few changes on the horizon and i may be making a change i dont know, like i said its a play it by ear for now.

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