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Paralegals & McKenzie Friends

Here we explain the role of the Paralegal and the difference between them and a McKenzie Friend.

What is a Paralegal and Should You Use One?

A Paralegal is able to perform legal tasks and offer legal assistance but is not a qualified solicitor. However, a Paralegal can do virtually everything that a solicitor can do except activities that are referred to as: ‘Reserved Activities’ (which we’ll cover later).

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There is no statutory regulation for paralegals in the same way as there is for solicitors,

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When might you use a paralegal?

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  1. If someone takes you to court claiming that you allegedly owe them money and you need to defend yourself

  2. If you need to take someone to court and need assistance with regard to the process

  3. If you need assistance in a Matrimonial matter

  4. If you wish to take action against your employer through a Tribunal

  5. To assist you in writing a Will or to obtain a Lasting Power of Attorney in respect of a relative

  6. To assist you in a housing matter

  7. To assist you with any welfare matter


The above is not a definitive list of circumstances as there is a broad spectrum of legal areas in which Paralegals operate, however it covers some of the most common situations.

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Why would you use a paralegal?

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As all of the above can also be handled by a solicitor – why would you choose to use a paralegal?

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Cost:

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Utilising the services of solicitors can be expensive. Solicitors charge on average over £240 per hour and some, more senior ones, will charge nearer to £300 per hour. We charge only £75 per hour for our services.

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There is no legal aid anymore

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Before April 2013 you could get legal funding to bring a case to court or defend an action against you. This has now been eradicated for all but a few cases. Paralegals are filling the gap left by the eradication of Legal Aid.

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There are occasions where a paralegal may assist you up to a point, and then you may need the services of a solicitor

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For example, if the case is serious and cannot be resolved, and will eventually end up in court. However, for the most part, a paralegal can assist you in dealing with the case yourself.

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What are reserved activities?

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As you can see there are good reasons to consider using a paralegal rather than a solicitor. There are some activities that Paralegals cannot undertake. These are known as ‘Reserved Activities’:

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Solicitors have an automatic right to represent you in most courts

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However, Paralegals can assist and advise you if you do need to represent yourself (as a litigant in person (LIP)) and in some cases, subject to the discretion of the Judge, they can get permission to speak on your behalf especially if they have a law degree.

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Conduct litigation

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Paralegals cannot conduct your case and are unable to file documents at court and make applications on your behalf. However, Paralegals can assist you to do this yourself as a LIP.

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When someone dies

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If they have left a Will leaving gifts to various beneficiaries such as family and friends, an official document known as a Grant of Probate needs to be attained in order to distribute the gifts in the Will. A Paralegal cannot sign such documents on your behalf but you can do so yourself, and the paralegal can assist you through the process.

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McKenzie Friend

A McKenzie Friend is a person who assists you in building your case ready for a court hearing. They can attend court with you and sit beside you. They are not allowed to speak on your behalf, although they can ask for permission from the Magistrate or District Judge and if granted they will present your case to the court. If the Magistrates or Judge does not allow them to speak you present your own case, but your MF is there with you and can offer quiet advice and guidance.

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