Lawyers, Gatekeeping and Access to Justice

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.

• Foreword by Claudio Visco, President of the International Bar Association; Foreword by Larry Catá Backer, Series Editor; Introduction: Lawyers as gatekeepers. Introduction and overview, Jonathan Soeharno and Birgit Spiesshofer; Part II: Gatekeeping: Fundamental Questions; 1: Must 'good' lawyers refuse 'bad' cases? Understanding the gatekeeping debate, Jonathan Soeharno; 2: What can the standard conception offer morally conflicted lawyers?, Tim Dare; 3: Who decides on the wider public interest? Moral pluriformity and access to justice, Rebecca Roiphe and Bruce A. Green; 4: Do lawyers bear responsibility for the (wider) public interest? Comparing The Netherlands and England, Jonathan Soeharno and Iain Miller; Part III: The Authoritarian Challenge; 5: The historical backgrounds of the gatekeeping discussion – lawyers and their associations under two totalitarian German regimes, Dirk Uwer; 6: Lawyers in China's Hong Kong. The price of speaking up and not speaking up, Pui-Yin Lo; 7: Undesirable clients; undesirable lawyers – The emerging structures of gatekeeping strategies in the U.S.A., Larry Catá Backer; Part IV: Lawyer Independence Versus Partisanship; 8: Saying 'no' to the client – A US perspective, Bruce A. Green and Rebecca Roiphe; 9: Regulating lawyers on client or case acceptance: The case of Strategic Lawsuits Against Public Participation (SLAPPs), Andrew Boon; 10: Closing the gate on SLAPPs, Jonathan Goldsmith; Part V: Preventing facilitation of illegal activities; 11: The responsabilization of lawyers, Juliane Kokott; 12: Anti-money laundering – An EU perspective, Birgit Snijder-Kuipers; 13: Crackdown on lawyers after the coup: Abuse of Anti-Terror Laws in Turkey, Ali Yildiz and Kevin Dent KC; Part VI: Preventing Facilitation of Unwanted or Morally Objectionable Activities; 14: Morally motivated gatekeeping and the rule of law, W. Bradley Wendel; 15: Wise counsellors or gatekeepers? Lawyers guiding businesses to respect human rights and the challenges in Japan, Daisuke Takahashi; 16: Gatekeeping responsibilities in the supply chain, Birgit Spiesshofer; 17: Legal ethics and climate change: A view from inside client-lawyer representation in the United States, Ellyn Rosen and Shawn Harpen; 18: Tax advisers as gatekeepers, Hans Gribnau; Part VII: Way Forward and Conclusion; 19: Gatekeeping responsibilities of lawyers between the 'if' and the 'how: Lessons learned and way forward, Birgit Spiesshofer and Jonathan Soeharno