1st Edition
Lawyers, Gatekeeping and Access to Justice A Critical Analysis
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
Biography
Jonathan Soeharno is professor of Administration of Justice and Legal Philosophy at the University of Amsterdam, Netherlands. He is a practising lawyer and acting appeal court judge.
Birgit Spiesshofer is professor of International Economic Law and Business Ethics at the University of Bremen and attorney-at-law in Berlin, Germany.
