Next friend is a legal term referring to someone, such as a parent, attorney, or other qualified person, who is empowered by a court to act on behalf of a minor or incapacitated individual in a legal proceeding. This legal entity is also referred to as a “guardian ad litem.”
A court-appointed “next friend” minimizes possible conflicts of interest, by acting as a third-party and speaking for someone who cannot provide his or her own input during a legal process. Laws specify the qualifications to be a “next friend.”
For example, a court may tap a non-relative adult with no financial relation to the minor, such as a family friend or neighbor, to represent the child in a divorce proceeding. A court-appointed “next friend” may also accompany a litigant who is incapacitated, such as a person suffering from a mental disability.
What Is the Role of a Court-Appointed Next Friend?
In the United States, the role of “next friend” began in the late 19th century when courts appointed so-called “next friends” to represent litigants for whom no other form of representation was available. The court-appointed “next friend” would be charged with representing the interests of the litigant, often in cases in which guardians had no standing. The U.S. Supreme Court reinforced this role in 1990, in a landmark decision.
Today, “next friend” plays a significant role in providing a voice for the voiceless in legal proceedings. A court-appointed “next friend” serves as the guardian’s representative and advocate in establishing the merits of any specific claim or argument made by the litigant. The “next friend” also ensures the litigant is treated fairly and represented adequately under the law.
Conclusion
The “next friend” is a legal entity empowered to represent someone who lacks the ability to handle legal matters on their own. This entity is legally appointed by a court and acts in the best interests of the litigant. The “next friend” must have no significant conflict of interest and must be able to clearly articulate and promote the interests of the person they are representing.