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Lawyers, Gatekeeping and Access to Justice: A Critical Analysis

Coming Soon Lawyers, Gatekeeping and Access to Justice: A Critical Analysis

Lawyers, Gatekeeping and Access to Justice: A Critical Analysis

Author: Jonathan Soeharno; Birgit Spiesshofer
Publisher: Routledge
ISBN: 9781032979533
Published In: August 2026
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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

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