Kilian's paper explores the German Federal Constitutional Court’s 2006 landmark decision about the regulation of speculative fee agreements and analyses how this change affected the legal services market between 2006 and 2014. He notes that the most interesting development has been the limited uptake of speculative fees by private persons who would not otherwise have obtained access to lawyers – these had been the prime concern of the Federal Constitutional Court – and the popularity of those fees with business and commercial clients who were not on the Court's radar. However, Kilian's research suggests only a small impact on the legal system and little impact on legal aid.
Goulandris carried out interviews with barristers and other staff to investigate marketing at the Bar of England and Wales since removal of the advertising ban in 1990. She found that marketing has developed in the context of an increasingly competitive market, structural reforms and legal aid cuts. Marketing consultants and marketing initiatives are transforming the cultural landscape at the Bar and are now integral to structural and organisational changes. This paper analyses marketing models and techniques and how these developments are reworking traditional notions of legal professionalism.
Godwin examines barriers to foreign lawyers practicing in selected Asian jurisdictions, and why barriers exist. Some jurisdictions consider lawyers as members of a special profession, though protectionism is a significant factor.
In our Work in Progress section, lawyers who work in settings that feature high client contact often labour under very emotionally charged circumstances. Kadowaki suggests that they use “emotional labour” to cope with their own feelings in four forms: expression of genuine emotion, deep acting, surface acting and detachment. She suggests that the need to expand discussions about such issues among law students and practitioners is still pressing.