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Lawyers, Gatekeeping and Access to Justice
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Lawyers face increasing pressure from clients, politicians, prospective hires and 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 or moral or societal expectations. A key takeaway 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, multifaceted, balanced and comprehensive guidance for lawyers, academic researchers, regulators, bar associations and law societies.
This book is included in DOAB.
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Keywords
- Access to Justice
- Advocates
- Anti-Money Laundering
- Climate Change
- Corruption
- Ethics
- Fraud
- Human rights
- integrity
- Lawyers
- Legal Profession
- morality
- Rule of law
- tax
- thema EDItEUR::K Economics, Finance, Business and Management::KJ Business and Management::KJG Business ethics and social responsibility
- thema EDItEUR::K Economics, Finance, Business and Management::KJ Business and Management::KJS Sales and marketing
- thema EDItEUR::L Law::LA Jurisprudence and general issues
- thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law
- thema EDItEUR::L Law::LA Jurisprudence and general issues::LAT Legal profession / practice of law: general
- thema EDItEUR::L Law::LA Jurisprudence and general issues::LAT Legal profession / practice of law: general::LATC Legal ethics and professional conduct
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNC Company, commercial and competition law: general::LNCD Company law
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences
- thema EDItEUR::Q Philosophy and Religion::QD Philosophy
- thema EDItEUR::Q Philosophy and Religion::QD Philosophy::QDT Topics in philosophy::QDTQ Ethics and moral philosophy
Links
DOI: 10.4324/9781003596318Editions