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Lawyers, Gatekeeping and Access to Justice: A Critical Analysis

Edited by: Jonathan Soeharno, Birgit Spiesshofer

ISBN13: 9781032979533
To be Published: August 2026
Publisher: Routledge
Country of Publication: UK
Format: Paperback
Price: £41.99





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.

Subjects:
Law and Society
Contents:
Foreword by Claudio Visco, President of the International Bar Association
Foreword by Larry Catá Backer, Series Editor

I. Introduction
1. Lawyers as gatekeepers. Introduction and overview
Jonathan Soeharno and Birgit Spiesshofer

II. Gatekeeping: Fundamental Questions
2. Must 'good' lawyers refuse 'bad' cases? Understanding the gatekeeping debate
Jonathan Soeharno
3. What can the standard conception offer morally conflicted lawyers?
Tim Dare
4. Who decides on the wider public interest? Moral pluriformity and access to justice
Rebecca Roiphe and Bruce A. Green
5. Do lawyers bear responsibility for the (wider) public interest? Comparing The Netherlands and England
Jonathan Soeharno and Iain Miller

III. The Authoritarian Challenge
6. The historical backgrounds of the gatekeeping discussion – lawyers and their associations under two totalitarian German regimes
Dirk Uwer
7. Lawyers in China's Hong Kong. The price of speaking up and not speaking up
Pui-Yin Lo
8. Undesirable clients
undesirable lawyers – The emerging structures of gatekeeping strategies in the U.S.A.
Larry Catá Backer

IV. Lawyer Independence Versus Partisanship
9. Saying ‘no’ to the client – A US perspective
Bruce A. Green and Rebecca Roiphe
10. Regulating lawyers on client or case acceptance: The case of Strategic Lawsuits Against Public Participation (SLAPPs)
Andrew Boon
11. Closing the gate on SLAPPs
Jonathan Goldsmith

V. Preventing facilitation of illegal activities
12. The responsabilization of lawyers
Juliane Kokott
13. Anti-money laundering – An EU perspective
Birgit Snijder-Kuipers
14.Crackdown on lawyers after the coup: Abuse of Anti-Terror Laws in Turkey
Ali Yildiz and Kevin Dent KC

VI. Preventing Facilitation of Unwanted or Morally Objectionable Activities
15. Morally motivated gatekeeping and the rule of law
W. Bradley Wendel
16. Wise counsellors or gatekeepers? Lawyers guiding businesses to respect human rights and the challenges in Japan
Daisuke Takahashi
17. Gatekeeping responsibilities in the supply chain
Birgit Spiesshofer
18. Legal ethics and climate change: A view from inside client-lawyer representation in the United States
Ellyn Rosen and Shawn Harpen
19. Tax advisers as gatekeepers
Hans Gribnau

VII. Way Forward and Conclusion
20. Gatekeeping responsibilities of lawyers between the 'if' and the 'how: Lessons learned and way forward
Birgit Spiesshofer and Jonathan Soeharno