Speculative fees and their impact on access to justice: German experiences |
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| Authors: | Matthias Kilian Friederike Kothe |
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| Institution: | 1. Faculty of Law, University of Cologne, Cologne, Germany;2. Soldan Institute für Law Practice Management, Cologne, Germany;3. Documentation Centre for the Law of the Legal Profession in Europe, University of Cologne, Cologne, Germany |
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| Abstract: | The paper explores the long road to the Federal Constitutional Court's 2006 landmark decision on the unconstitutionality of the century-old prohibition of output-based remuneration of lawyers, analyses the court's ruling and outlines the regulation of speculative fee agreements that is now in place in Germany. Another focus of the paper is an analysis of how the change has affected the German legal services market, drawing on empirical research on the subject carried out between 2006 and 2014. |
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