Desperate for help

[Jimmyg]

Someone posted previously for me but I didn’t get many responses as there wasn’t enough detail so here goes

I was a mckenzie friend about 7 years ago in a family court hearing, the court were aware I was a Mckenzie friend and let me speak (no cross examining, it was very informal)

i didnt work in the law after that, though I do have a law degree. Then a few months ago a friend (A) asked me to represent her in a family court hearing (final hearing) so I did. No concerns were raised.

About 5 weeks ago another friend (B) asked for my help and i went along with her to apply for a prohibited steps order which was granted, we went back the following week as her ex hadn’t received the order or known anything about it. I questioned him a bit. The order was kept in place until the next hearing to give him time to get a solicitor. At the next hearing he had a solicitor and he asked me for my SRA number.

i then realised everyone had assumed I was a solicitor - and that as I didn’t have this number I can’t practise. He explained to me that being able to speak in a hearing 7 years ago was a one-off and doesn’t give me the rights to do it again. He went into the hearing (I did not) and told the judge he would report me to the SRA.

the case for B is ongoing and due to be in front of a judge (not magistrate) soon. I am worried now that I am going to be arrested.

i suffer with anxiety and my husband died a year ago, so there is nobody (and I mean nobody) who can look after my kids if I go to prison. (Parents were abusive to me so we are estranged, Same as my deceased husband’s parents).

Im a good person who made a mistake, I haven’t done t since and never will again. I have never been in trouble before. I work in mental health services so a conviction would lose me my job too. I’m so scared of being sent to prison, my kids would never recover (their dad was suicide).

i haven’t been arrested yet but it’s probably inevitable. What can I do

[Peridot]

Hi JimmyG,

You must be worried sick. Hopefully we can get to the bottom of this but will need a little further information. We need to clarify had the litigant in person made it clear to the Court that you were there to assist them and did the litigant ask that you be allowed rights of audience ie that you can speak on their behalf?

I have found the guidance for Mackenzie Friends here:-http://courtwithoutalawyer.co.uk/mckenzie%20friends%20practice%20guidance%202010.pd f

As you can see and as I'm sure you're aware it is possible for any litigant in person to have a Mackenzie Friend (MF) who assists them in Court. Permission should be sought by the litigant in person to have the MF in Court with them and further permission sought to have the MF speak on their behalf.

If you have held yourself out as a solicitor this is a criminal offence. There are sentencing guidelines for such an offence if it is pursued, but there is no statutory sentence ie a set prison term for example. All the facts would be looked at before a decision would be made.

I appreciate this doesn't answer your worries at this time but it is necessary to clarify exactly what happened.

[ostell]

Could it be considered that you were acting as a Lay Rep and therefore had the rights? I know there was a discussion a few months ago about this and the relevant legislation was brought up to quote to a judge when asking.

[Peridot]

That may be the case ostell although this would still have to be made clear to the Court. The litigant in person should make the request. It's all to do with rights of audience in the Court if you are not a party or qualified representative with rights of audience

[ostell]

I knew there was a way round the problem but I don't know the specific legislation around it. So it all looks like the other side playing at nasty.

[Jimmyg]

It was family court so the lay rep doesn't apply

My friend (B) was told by friend A that I was a solicitor. I wasn't aware of this. She believed - and still does - that by graduating with my law degree I shoud've had an SRA number. I have explained this isn't the case, but she isn't convinced.

I didn't apply to the court to go in or to represent, we literally turned up and we were called in. I guess they just assumed I was a solicitor. The only thing I ever filled in was a sheet (no signature) that asked for my name and friend B's.

I am in such a state over this. The other solicitor (the one who said she'd report me) could turn around and say I'd told everyone I was a solicitor. I can't prove otherwise.

Nothing has happened yet, but when it goes to the next hearing in july, which is a judge not magistrates, they will almost certainly mention that friend B was wrongly represented, and then won't that judge either take action or demand to know what action was taken against me?

Every time I go to work I jump when there''s a knock at the door incase it's police. Same at home. I work in mental health services full time and I also do a few shifts a week at a pub, so I panic at the idea of them arresting me in front of colleagues or regulars. I'm not coping at all.

I read that it comes under the solicitors act 1974 and you can go to prison for 2 years. I googled it and some people have been sent to prison for it. I'm so scared.

How long until the police come for me? What happens to my children, the little one starts school in september, her dad will miss it (he died by suicide) and I cant bear the thought that I might. Theyve been through so much, the older one has PTSD, they've moved home and school/nursery since losing their dad. Then we lost their beloved gran unexpectedly 6 months ago. It's all too much!!!

I was only trying to help friends, now I've ruined mine and my kids lives.

[Peridot]

Hi JimmyG,
Apologies for the delay I haven't been around. I think you are getting ahead of yourself and need to take a breath. I would suggest that you don't attend the Court for the next hearing. You have got yourself in such a state it would probably not be helpful, unless you decide to attend as your friend's support. You have not said you are a solicitor although it is unfortunate the Court appear not to have clarified who you were.
The cases you have googled are those where people have held themselves out to be lawyers and represented clients and received money, generally the intention was to deceive. This would not appear to be the case here. Google is not always your friend when we're panicking.
Your freind is misinformed as far as the SRA and a law degree are concerned but you had no knowledge of her view and had not held yourself out to be a solicitor to her. I think you are panicking about something that has not and may not even happen.
I think you need to get some support for the anxiety you are having, it can't be doing you or the children any good. You can't function constantly looking over your shoulder as you currently are. You have not ruined yours or your children's lives. You need to take a step back and try and get some perspective.
It must be so worrying waiting to see if anything happens but nothing may happen and you can't live your life worrying it might.
If you are feeling like there is no hope you need to talk to someone. The Samaritans link is here:- https://www.samaritans.org/
Please get some help for you and the children.