Legal Lexikon

Application Process

Application process

The term “application process” refers to all the steps involved in applying for a position in a company or organization, such as a law firm. This process includes both the preparation and creation of the application documents as well as the selection and decision phase on the employer’s side. For applicants, understanding each step of the process is crucial in order to meet the requirements and to successfully gain entry.

Definition and significance of the term application process

The application process is a structured procedure designed to find and select a suitable person for a vacancy. For applicants, this includes writing and submitting application documents, communicating with the company, participating in interviews or assessment procedures, and, if necessary, negotiating contract terms.

Depending on the law firm and the advertised position, the exact process may differ, although many procedures follow common patterns. As a part of modern talent acquisition, the application process forms a bridge between the organization’s expectations and the applicant’s qualifications.

Classification within the application process: Role and relevance for entry into a law firm

The application process in law firms usually consists of several stages and reflects the high requirements for both professional and personal competencies of the applicants. The most common stages include:

  • Screening and selection of application documents
  • Invitation to an initial telephone or virtual interview
  • Personal interview or assessment center
  • Work samples, case studies, or smaller tasks
  • Contract negotiations and onboarding

Each of these phases serves to enable a reciprocal alignment of mutual expectations and to check the fit between the law firm and the candidate.

Particularly in the legal sector, the application process is of special importance, as not only professional suitability but also alignment with the law firm’s values, organizational culture, and working style are thoroughly examined.

Requirements and expectations from the employer’s side

Law firms place a variety of formal and substantive requirements on applicants. Key expectations include:

  • Complete and well-organized application documents (cover letter, CV, certificates, and, if applicable, references)
  • Clear and comprehensible presentation of previous career path
  • Clearly stated motivation for the desired position and for the law firm
  • Willingness to face new challenges and demonstrate a willingness to learn
  • Communication skills, team orientation, and a sense of responsibility

In addition, many law firms expect professional communication throughout the entire application process, timely responses, and appropriate behavior during personal contact.

Typical misunderstandings or misinterpretations of the term

Often, the application process is equated solely with the submission of written documents. In reality, however, the process is broader and includes all contacts and phases up to the final acceptance or rejection. Another misconception is viewing the process as one-sided, focusing only on the interests of the law firm. In reality, it is a mutual process of getting to know each other.

Furthermore, there is sometimes an underestimation of how crucial unwritten rules are—such as prompt communication or polite follow-up questions—for making a positive impression.

Practical tips for applicants

  • Preparation is key: Inform yourself in advance about the law firm, the advertised position, and typical procedures in the application process.
  • Carefully compile your documents: Ensure that your documents are complete, clear, and professionally formatted.
  • Actively manage communication: Respond promptly to inquiries or invitations and maintain contact if you wish to inquire about the status of your application.
  • Show openness: Ask your own questions in the interview about the team, working methods, and development opportunities.
  • Reflection and follow-up: Analyze each step of the process individually and use feedback for further development.

A respectful, well-prepared, and authentic approach significantly increases the chances of a successful process.

Frequently asked questions (FAQ)

What are the most important components of the application process in a law firm?

Essential components are submitting documents, interviews (by phone, virtually, or in person), possibly completing tasks or case studies, and contract negotiations. Depending on the law firm and the position, individual steps may be omitted or supplemented.

How long does the application process usually take?

The duration varies depending on the scope and structure of the procedure. A time frame of several weeks up to a few months is not uncommon. Open communication about the expected steps helps to avoid uncertainties.

Should I follow up after submitting my application?

A follow-up can be advisable if the deadlines communicated during the application process have been significantly exceeded. Make sure to use a polite and professional tone.

Can I apply to several law firms at the same time?

It is common and acceptable to apply to several law firms simultaneously. Open but discreet communication is advisable if selection processes overlap.

How important is the cover letter compared to the CV?

Both the cover letter and the CV are key elements. The cover letter serves to express your motivation and provide an individual introduction, while the CV presents relevant experience in a structured manner.


Frequently asked questions

Is an employer allowed to ask about pregnancy during the application process?

During the application process, the employer is strictly prohibited from asking about an existing pregnancy. This follows from § 7 para. 1 and § 1 of the General Equal Treatment Act (AGG), as well as § 3 para. 1 Maternity Protection Act (MuSchG). Asking about an existing pregnancy constitutes indirect discrimination on grounds of gender, as it only affects women. Applicants are not obliged to answer this question truthfully; in the event of an inadmissible question, a so-called ‘white lie’ is permissible, without legal consequences for the applicant or giving grounds for contesting the employment contract. Exceptions may apply only in cases of particularly safety-relevant activities (e.g., handling hazardous substances, night work) where the question is legally required; otherwise, the prohibition of discrimination applies. Protecting privacy and the principle of equal treatment always take precedence during the application process.

Is a photo on the CV or application letter mandatory?

Under German law, there is no obligation to include a photo in the CV or on the cover letter. Requiring or asking for a photo can even constitute a violation of the General Equal Treatment Act (AGG), as it entails the risk of discrimination based on appearance, age, ethnic origin, or other characteristics named in § 1 AGG. Applicants are free to decide whether to include a photo, and employers may not reject an application solely because a photo is missing. Some companies explicitly refrain from requiring application photos (“anonymous application”) to avoid bias in the selection process.

What information must the applicant obligatorily disclose during the application process?

Applicants are only obliged to disclose information directly related to the advertised position and relevant for the future employment relationship. According to § 241 para. 2 BGB, there is a duty to inform regarding circumstances that are essential for the employment relationship, such as specific qualifications or the existence of a work permit. Employer questions about prior convictions are only permissible if the nature of the work makes this information necessary (for instance, in security-related occupations). Information about private or particularly protected data—such as religion, union membership, or political affiliation—are generally inadmissible under the AGG.

Are health-related questions permitted during the interview?

Health-related questions are only permissible in the selection process insofar as they directly pertain to the professional activity. According to § 8 para. 1 AGG and § 9 MuSchG, the employer has a legitimate interest in determining whether health limitations make the execution of the specific job impossible or affect workplace safety. General questions about health, chronic illnesses, or disabilities without direct relevance to the job are inadmissible. Data protection and the prohibition of discrimination apply. If inadmissible health questions are asked, the applicant may leave these unanswered or—even provide inaccurate responses as a form of ‘white lie’—without subsequent employment law consequences.

To what extent must certificates and references be submitted?

Applicants are generally not required to submit complete certificates and references at the beginning of the application process. Employers can request proof of professional and academic qualifications, but the principle of proportionality must be observed. Only certificates that are directly and objectively related to the desired position may be requested—particularly degree, reference letters from previous employers, or certificates if relevant to the role. The submission of previous employment reference letters is sensitive in terms of data protection; the applicant decides what to disclose as long as there is no deception regarding qualifications.

How long may application documents be retained?

The storage of application documents is subject to strict data protection regulations, particularly according to Art. 5 and Art. 17 of the General Data Protection Regulation (GDPR). The documents may only be stored as long as they are necessary for the application process and, if applicable, for defending against employment discrimination claims under § 15 para. 4 AGG. A retention period of a maximum of six months after completion of the application procedure generally applies; after this period, the documents must be deleted or returned unless explicit consent for longer retention has been given (e.g., for an applicant pool). The applicant has the right to information about the storage of their data and, if applicable, to its deletion.

What legal claims exist in the event of discrimination during the application process?

If an applicant is disadvantaged in the application process on account of any characteristic named in § 1 AGG (race, ethnic origin, gender, religion or belief, disability, age, sexual identity), they may assert claims under § 15 AGG. This includes claims for damages and compensation. The applicant must be able to credibly substantiate the discrimination; evidentiary relief may apply in the case of circumstantial evidence (e.g., discriminatory wording in rejection letters). Claims must be asserted in writing within two months of receipt of the rejection. Enforcement then occurs, if necessary, before the labor court.