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COMMON LAW McKENZIE FRIEND - THE LAY ADVOCATE
(2011)
  • Barrie Hansen, JD (Hons), Bond University Law School
Abstract
Ancient Roman poet, Publius Ovidius Naso, known to most college graduates as Ovid, said, “Happy is he who dares courageously to defend what he loves” A McKenzie friend is a common law exception to the rule that only a qualified legal practitioner may represent a litigant. This exception is not well understood. The UK Courts have acknowedged that Judges frequently misapply the law when granting the privilege to address the court. Granting this privilege where it should not be granted serves to undermine the efficient administration of justice, does a disservice to the Court, and prejudices the opponent. President Woodrow Wilson said, "Friendship is the only cement that will ever hold the world together", but friendship should be rarely granted a comfortable seat in a court of law.
Keywords
  • McKenzie Friend,
  • Self-represented Litigant,
  • Litigant in person,
  • advocacy,
  • devilling
Disciplines
Publication Date
Fall October 7, 2011
Citation Information
B Hansen, Common Law McKenzie Friend, Selected Works of B Hansen JD, 4 July 2011