McKenzie Friend vs Direct Access barrister: what is the difference

If you are representing yourself in a UK court, you have legal options that don't involve hiring a traditional solicitor. The two most accessible are a McKenzie Friend and a Direct Access barrister. Both can support you, but in very different ways. This guide compares them side by side so you can choose the right route for your case.

The short version

A McKenzie Friend is a non-lawyer who sits beside you in court and advises you privately, but cannot speak for you or present evidence (with very rare exceptions). A Direct Access barrister is a qualified lawyer who can speak in court on your behalf, cross-examine witnesses, and present your case like a traditional barrister would, except without a solicitor middleman. Direct Access costs more but gives you a legal voice in the courtroom.

At a glance

What a McKenzie Friend is

A McKenzie Friend is an unpaid (or paid) non-lawyer who is allowed to sit beside you in court and give you advice during the case. The right dates from the 1973 case of McKenzie v McKenzie, which established that litigants in person can have an assistant in the courtroom.

A McKenzie Friend is not a legal professional. They have no formal qualification requirement. They might be a family member, a friend, a retired professional, or someone with paralegal experience. Many are volunteer advisors through law centres or community legal advice services.

What McKenzie Friends can do

• Sit beside you in the courtroom
• Take notes on the hearing
• Advise you during breaks and adjournments (quietly, so the judge cannot hear)
• Help you organise documents before the hearing
• Remind you to make points you might forget under stress
• Help you understand what is happening in court
• Suggest questions to ask witnesses (which you then ask yourself)

What McKenzie Friends cannot do

• Speak to the judge or court staff on your behalf
• Cross-examine witnesses (you must do this yourself)
• Present your opening or closing arguments
• File documents with the court (you must do this)
• Represent you if you are absent from court
• Conduct the case outside the courtroom as though they were your solicitor

The key principle: McKenzie Friends support you, but you remain the person in control and responsible for your own case.

What a Direct Access barrister is

A Direct Access barrister is a fully qualified barrister (self-employed lawyer) who can be instructed directly by you without going through a solicitor. This is possible under the "Public Access" scheme, which came into effect in 2004.

A Direct Access barrister has studied law at university, completed professional training, and passed the Bar Practice Course (now part of the Vocational Component of the Bar Practice Course). They are regulated by the Bar Standards Board and can provide the full range of barrister services.

What Direct Access barristers can do

• Speak in court on your behalf with full rights of audience
• Cross-examine witnesses
• Present your opening statement and closing argument
• Draft pleadings, grounds of appeal, and written submissions
• Advise you on the merits of your case and settlement
• Attend court on your behalf (you do not need to be present if represented)
• Manage the procedural aspects of your case
• Conduct negotiations with the other side's representative
• Work without a solicitor (that is the entire point of Public Access)

What Direct Access barristers cannot do

• Handle all client relationship tasks (like taking proof of evidence in person; some do offer this, but it is not automatic)
• Manage banking and accounts (usually)
• Chase court fees and form-filling unless they have taken a client-care role

In practice, most Direct Access barristers will advise you to handle administrative tasks yourself or hire a barrister-paralegal.

Rights of audience compared

Rights of audience means the legal right to conduct a case in court on a client's behalf.

McKenzie Friend: No rights of audience. You have the right to conduct your own case, and they have the right to sit beside you and advise you. They cannot speak except in very rare circumstances (for example, the court has occasionally permitted a McKenzie Friend to read out a witness statement on behalf of an illiterate or disabled litigant, but this requires explicit court permission and is unusual).

Direct Access barrister: Full rights of audience in higher courts (up to and including the Court of Appeal) and routine rights in lower courts. They are qualified to stand and argue your case as if they had been instructed by a solicitor.

What each can do in court

McKenzie Friend in court

• Sits at the table or bench beside you
• Listens to the case
• Takes notes and passes you written reminders
• Advises you during breaks (in hushed tones, away from the bench)
• May hand you a piece of paper with a suggested question
• Does NOT stand up and speak to the judge
• Does NOT cross-examine any witness
• Does NOT object to evidence or make legal arguments

If you are too unwell to continue or too distressed, your McKenzie Friend cannot carry on. You must continue yourself or the hearing may be adjourned.

Direct Access barrister in court

• Sits or stands at the advocate's table
• Presents your opening statement
• Examines your witnesses and cross-examines the other side's
• Makes legal arguments and raises procedural points
• Can appear in your absence if both parties agree or the court permits
• Conducts the entire case as though they had been instructed by your solicitor

You can still attend, but you do not have to.

What each can do out of court

McKenzie Friend out of court

• Helps you gather documents
• May research legal points (but cannot provide "legal advice" in the formal sense; they are giving you ideas, not legal opinions)
• Supports you emotionally
• Reviews your notes
• May help you prepare to cross-examine a witness (by suggesting questions)

A McKenzie Friend's role is fundamentally support and encouragement, not legal service.

Direct Access barrister out of court

• Drafts your legal documents (pleadings, applications, grounds of appeal)
• Gives you formal legal advice in writing
• Researches case law and precedents
• Advises on settlement and risk
• Negotiates with the other side (or their representative)
• Prepares you for cross-examination
• Attends pre-trial reviews and case management conferences
• Manages correspondence with the court
• Advises on next steps and procedural deadlines

A Direct Access barrister does everything a traditional lawyer would do, except work through a solicitor.

Cost compared

McKenzie Friend cost

• Unpaid volunteers: £0 per hour (law centres, CAB, volunteer advisors)
• Paid independent McKenzie Friends: £40 to £150 per hour, typically
• Total case cost: Highly variable. You might spend £500 to £5,000 depending on case length and the McKenzie Friend's rate

A McKenzie Friend does not charge for sitting in court (some even offer that for free). They charge for out-of-court work: preparation, research, advice, note-taking.

Unpaid or low-cost McKenzie Friends are often the best starting point if you cannot afford a barrister.

Direct Access barrister cost

• Hourly rates: £150 to £500+ per hour, depending on seniority and complexity
• Brief fees for court work: £500 to £2,000+ for a day in court, depending on experience
• Uplift for waiting time: 25 to 50 per cent uplift on hourly rates if the hearing overruns
• Total case cost: £3,000 to £15,000+ depending on the complexity and number of days in court

Direct Access barristers are cheaper than the traditional solicitor + barrister route (which costs more because the solicitor takes a cut), but they are still a professional service.

Many barristers also offer conditional fee agreements (where they take a percentage of any damages you win) or contingency fees, so ask about payment options if you are cash-strapped.

When to use a McKenzie Friend

A McKenzie Friend is right for you if:

• You cannot afford a barrister and need moral and practical support in the courtroom
• Your case is straightforward and does not require complex legal arguments
• You are confident in your own ability to speak to the judge and present evidence
• The other side is not using a lawyer (or is using very junior help)
• Your main need is emotional support and note-taking, not advocacy
• You have time to do the legal work yourself (research, drafting documents)
• You are in a lower court (magistrates, county court) where procedural rules are simpler
• You want to stay in control of every decision in your case

Examples when a McKenzie Friend makes sense

• You are defending a small claims case in the county court and just need someone to remind you of points to raise
• You are in a magistrates court on a traffic matter and want a friend in the room
• You have a solid case but cannot afford £3,000 to hire a barrister
• You are appealing a tribunal decision and the law is settled (not novel)

When to use a Direct Access barrister

A Direct Access barrister is right for you if:

• You need someone to speak for you in court and cannot or do not want to do it yourself
• Your case is complex and requires sophisticated legal arguments
• The other side is using a lawyer or has significant resources
• Your case will go to trial and contested evidence will be heard
• You have the budget (typically £3,000 to £15,000+)
• The stakes are high (a large financial claim, serious family dispute, criminal appeal)
• You do not have time to do the legal work yourself (you are working full time, or managing health issues)
• You want professional expertise in cross-examination and legal procedure

Examples when a Direct Access barrister makes sense

• You are claiming £50,000 from a contractor and the other side has hired a solicitor
• You are appealing a criminal conviction and need an experienced appellate barrister
• You are in a complex landlord-tenant dispute involving multiple issues
• You are defending defamation allegations and the case will go to trial
• You have a strong case but are too ill or anxious to conduct it yourself

Combining both

Some litigants use both a McKenzie Friend and a Direct Access barrister:

• The barrister does the heavy legal lifting: drafting, advice, appearing in court
• The McKenzie Friend provides cheaper support between the barrister's appearances: note-taking, moral support, small research tasks

This is more expensive than a McKenzie Friend alone but less costly than the full traditional solicitor + barrister team. It is a good option if you have moderate budget and moderate case complexity.

Regulation

McKenzie Friend regulation

McKenzie Friends are not regulated by any legal body. There is no license, no insurance requirement, and no complaints mechanism.

This is both a strength and a weakness:

• Strength: You can use anyone you trust. There is no barrier to finding a supporter.
• Weakness: There is no protection if your McKenzie Friend is incompetent, does not turn up, or gives you bad advice.

Recommendation: If you use a paid McKenzie Friend, check their background. Ask if they have relevant experience (paralegal training, advice work, law centre background). Get a written agreement about cost, scope, and confidentiality.

Direct Access barrister regulation

Direct Access barristers are regulated by the Bar Standards Board (BSB), the same body that regulates all barristers.

This means:

• They have passed professional training and assessments
• They carry professional indemnity insurance
• They are subject to a code of conduct
• You can complain to the Bar Standards Board if they are negligent or breach the code
• You may be able to claim compensation through the Legal Ombudsman if things go wrong

A Direct Access barrister also holds a Client Care and money-handling certificate, which is mandatory for Public Access work.

Day to day: case life with each

Your day-to-day with a McKenzie Friend

• You email the court and file documents yourself (with the McKenzie Friend's suggestions, perhaps)
• You phone the other party's contact and negotiate (with the McKenzie Friend coaching you beforehand)
• You prepare your evidence and list of witnesses
• You meet your McKenzie Friend a few days before the hearing to go through tactics
• On the day of the hearing, you stand up and give your evidence, make your arguments, and ask your questions. Your McKenzie Friend sits beside you, passing notes and reminding you of points
• You are responsible for every decision: which witnesses to call, what documents to rely on, what arguments to make
• If you forget an important point, there is no one to pick it up for you

Your day-to-day with a Direct Access barrister

• You provide your barrister with proof of evidence (facts, documents, timeline) and a brief of your case
• The barrister drafts pleadings, applications, and written advice for you to review and approve
• Your barrister corresponds with the other side's representative (and you receive copies)
• You meet your barrister in person (or by phone/video) to review tactics and prepare for hearing
• On the day of the hearing, your barrister presents your case. You may attend, but you do not have to conduct anything yourself
• Your barrister makes decisions about tactical points (objections, admissions, negotiation), though they must take your instructions on major decisions (settlement offer, guilty plea, etc.)
• If a point is missed, your barrister is responsible for spotting it

The key difference: you are more hands-off with a barrister and more hands-on (and at-risk) with a McKenzie Friend.

Common misconceptions

"A McKenzie Friend can speak for me if the judge is sympathetic"

Wrong. The judge may allow it in exceptional circumstances (a McKenzie Friend reading out a statement on behalf of a severely disabled client, for example), but this is not the default. You cannot rely on it. If you need someone to speak in court, hire a barrister.

"A Direct Access barrister is just as good as a solicitor + barrister"

Partially true. A Direct Access barrister can do almost everything a solicitor + barrister team can do, except manage your money and some administrative tasks. For most contentious cases, a Direct Access barrister is sufficient and cheaper. For transactional work (property sales, wills) or if you need someone managing your estate, a solicitor is still the right tool.

"McKenzie Friends are free"

Not always. Volunteers through law centres are free. Independent paid McKenzie Friends charge £40 to £150 per hour. Always ask for their rate upfront.

"You need a solicitor to hire a barrister"

Wrong (since 2004). Direct Access barristers can be hired directly by you. You do not need a solicitor as a middleman. This is the entire point of the Public Access scheme.

"A barrister can appear in court without you being present"

Yes, with caveats. A barrister can appear on your behalf without you in court, but both you and the barrister must agree, and the court must permit it (which is usually granted in standard matters but not in all cases). For trials involving disputed evidence or matters where the judge needs to see you, your presence may be required.

"McKenzie Friends can give you legal advice"

Technically no, but it is blurry. A McKenzie Friend can suggest ideas and research, but they cannot formally advise you as a lawyer would. If a McKenzie Friend is giving you advice on strategy, settlement, risk, and procedure, they may be straying into unauthorised legal practice. Some McKenzie Friends are paralegal-trained and have more expertise, but they still cannot call themselves legal advisors.

Related concepts

• Litigant in person: Anyone representing themselves in court, with or without a McKenzie Friend or barrister
• Public Access scheme: The framework allowing direct access to barristers without a solicitor
• Rights of audience: The legal right to conduct a case in court
• Conditional fee agreement: A "no-win, no-fee" contract where a lawyer is paid only if you win
• Legal aid: Government funding for legal representation (varies by case type and income; many litigants do not qualify)
• Law centre: Free advice and representation service for people who cannot afford a lawyer
• Solicitor: A traditional lawyer who can handle almost all legal work and is a gatekeeper to barristers (if not using Public Access)
• Paralegal: A trained legal assistant who is not a fully qualified lawyer but often has substantial expertise
• Tribunal: Informal court used for certain types of disputes (employment, immigration, benefits, etc.), where the rules are simpler and representation is sometimes not necessary
• Small claims: Cases under £10,000 in the county court, where representation by a lawyer is permitted but not required and less common

Sources and further reading

• Bar Standards Board: Public Access scheme: https://www.barcouncil.org.uk (guidance on hiring a barrister directly)
• Judiciary website: Litigants in person: https://www.judiciary.uk (guidance on representing yourself and the role of McKenzie Friends)
• Gov.uk: What a barrister does: https://www.gov.uk (overview of the barrister profession and how to find one)
• Law Society: Alternative legal support: https://www.lawsociety.org.uk (comparison of legal options including McKenzie Friends)
• Bar Standards Board: Code of Conduct for Barristers: https://www.barcouncil.org.uk (rules that Direct Access barristers follow)

Disclaimer

This page provides general information about UK legal support and legal routes. It is not legal advice. The rules and costs vary by jurisdiction within the UK, and changes to regulations may have occurred after this page was last reviewed (2026-05-28). If you are involved in legal proceedings, you should seek advice specific to your situation from a qualified legal professional.

Written by Peter Kolomiets, founder of CaseCalm. This page was reviewed and updated on 2026-05-28 to reflect current UK legal procedures and public access arrangements.