About to get in trouble

[Seattle87]

Long story short

my friend (we will call her L) came to me hysterical tonight

L has represented her friend at court (child contact order) at two hearings (one she barely spoke, the other she addressed court and questioned someone). AN order was made

the other person then got a barrister for the next hearing who asked L if she was registered as a solicitor, she said no.

L does have a law degree and wasn’t aware she wasn’t doing anything wrong, the barrister has now reported her

L is now terrified as if she goes to prison her kids will end up in care as there are no relatives suitable and her husband took his life a couple of years ago

she has never signed anything, but it was assumed she was the solicitor (not mckenzie friend) and she was unWare that she wasn’t doing wrong, she was just trying to help her friend

as far far as I know, this is her only wrongdoing and she has no record, she just didn’t understand that she was doing wrong as she’s thought mckenIe friends were allowed to help if they’ve got legal qualifications

any advice? I’ve tried googling but it isn’t helping and she’s currently in a state on my sofa!

[james_law]

Hi,

Unfortunately ignorance is not a defence to a crime. It is a criminal offence to even call yourself a solicitor let alone act as one if you are not on the Solicitors Roll.

Mckenzie friend as far as I am aware you can sit with the person and give them advice and help etc but not act as a solicitor like your friend has.

Regarding what happens now that you have been reported, I am unsure on that but what your friend has done will very likely be viewed as dishonest which is not something you want.

[charitynjw]

Did L actually claim to be a solicitor?

My partner, a lay person who is not legally qualified, has spoken for a friend in family court in the past
The judge had no problem with this. (Inc questioning witnesses.)

Have a look on the SRA website.
You could give them a ring?....find out in general terms how they view such things.
https://www.sra.org.uk/home/home.page

[des8]

the Lay Representatives (Rights of Audience) Order 1999 is probably applicable
http://www.legislation.gov.uk/uksi/1999/1225/made

Only applies to small claims but plead confusion!

[james_law]

What court was this in?