Lawyers, gatekeeping, and access to justice : a critical analysis / edited by Jonathan Soeharno and Birgit Spiesshofer.

Format:

Book

Contributor:

Soeharno, Jonathan, 1977- editor.

Spiesshofer, Birgit, 1960- editor.

Series:

Globalization: law and policy

Language:

English

Subjects (All):

Practice of law.

Attorney and client.

Legal services.

Legal ethics.

Physical Description:

1 online resource

Place of Publication:

Abingdon, Oxon [UK] ; New York, NY : Routledge, 2026.

Summary:

"Lawyers face increasing pressure from clients, politicians, prospective hires, international and civil society organisations to act as gatekeepers: to reject certain clients or cases or mitigate their involvement. This can be at variance with the traditional role of lawyers to provide access to justice. This volume presents a systematic exploration of the gatekeeping debate. It discusses the key dimensions of gatekeeping, the risk of abuse of identifying lawyers with their clients in authoritarian regimes, the limits of partisan lawyering and the legal boundaries to representation. It also discusses the question of representation that may be in line with professional duties, but still be considered controversial based on soft law, moral or societal expectations. A key take away is that the gatekeeping discussion would benefit from the differentiation between whether a client deserves representation and how a lawyer should represent the client. The contributions are written by high profile academics and professionals from various jurisdictions around the globe, aiming to provide solid, multi-facetted, balanced and comprehensive guidance for lawyers, academic researchers, regulators, bar associations and law societies"-- Provided by publisher.

Contents:

Lawyers as gatekeepers. Introduction and overview / Jonathan Soeharno and Birgit Spiesshofer

Must 'good' lawyers refuse 'bad' cases? Understanding the gatekeeping debate / Jonathan Soeharno

What can the standard conception offer morally conflicted lawyers? / Tim Dare

Who decides on the wider public interest? Moral pluriformity and access to justice / Rebecca Roiphe and Bruce A. Green

Do lawyers bear responsibility for the (wider) public interest? Comparing The Netherlands and England / Jonathan Soeharno and Iain Miller

The historical backgrounds of the gatekeeping discussion-lawyers and their associations under two totalitarian German regimes / Dirk Uwer

Lawyers in China's Hong Kong. The price of speaking up and not speaking up / Pui-Yin Lo

Undesirable clients; undesirable lawyers-The emerging structures of gatekeeping strategies in the U.S.A. / Larry Catá Backer

Saying 'no' to the client -A US perspective / Bruce A. Green and Rebecca Roiphe

Regulating lawyers on client or case acceptance : The case of Strategic Lawsuits Against Public Participation (SLAPPs) / Andrew Boon

Closing the gate on SLAPPs / Jonathan Goldsmith

The responsabilization of lawyers / Juliane Kokott

Anti-money laundering-An EU perspective / Birgit Snijder-Kuipers

Crackdown on lawyers after the coup : Abuse of Anti-Terror Laws in Turkey / Ali Yildiz and Kevin Dent KC

Morally motivated gatekeeping and the rule of law / W. Bradley Wendel

Wise counsellors or gatekeepers? Lawyers guiding businesses to respect human rights and the challenges in Japan / Daisuke Takahashi

Gatekeeping responsibilities in the supply chain / Birgit Spiesshofer

Legal ethics and climate change : A view from inside client-lawyer representation in the United States / Ellyn Rosen and Shawn Harpen

Tax advisers as gatekeepers / Hans Gribnau

Gatekeeping responsibilities of lawyers between the 'if' and the 'how : Lessons learned and way forward / Birgit Spiesshofer and Jonathan Soeharno

Notes:

OCLC-licensed vendor bibliographic record.

ISBN:

9781003596318

OCLC:

1587446556

Publisher Number:

CIPO000398969