The Chairman of the Legal Services Board (LSB), Sir Michael Pitt, has given some backing to the emergence of fee-charging advisors.
The paid legal advisors, known more commonly as McKenzie Friends, have grown in popularity in recent months as more and more people find themselves without legal aid.
Although not qualified to the same extent as solicitors, McKenzie Friends have been described by the Legal Services Consumer Panel (LSCP) as a way of improved access to justice for people who cannot afford traditional services.
In April the panel called for a ‘culture shift’ that would allow McKenzie friends to have greater recognition in UK courts, despite fears from the legal profession that the industry remains largely unregulated.
In a letter to responding to the panels desire for change, Sir Pitt agreed McKenzie Friends may improve access to justice, but said that he was ‘cautious about formally accepting’ them.
He argued that robust safeguards would be needed to clarify their role and limitations, but stopped short of advocating the regulation of their services.
“We are concerned that [McKenzie Friends] may be misleadingly perceived as offering a service underpinned by the same standards and consumer protections that are provided by a regulated professional,” said Sir Pitt.
“That is not to say, however, that we are advocating the regulation of the services provided by McKenzie Friends. To do so might drive such provision out of the market.”
Sir Pitt said judges should continue to have the discretion to grant rights of audience, with such rights not automatically given.
He joined the LCSP’s call for McKenzie Friends to form a recognised trade association, to include client protection measures, such as accreditation and indemnity insurance introduced to manage the risks.