Application without distinction
Definition and meaning
The term “application without distinction” refers in the German legal context to the process of applying for a position in a law firm or a comparable institution without having achieved what is known as a distinction in the First or Second State Exam. Earning a distinction on these exams generally means attaining a grade of at least “vollbefriedigend” or better. Many job postings in the legal field explicitly or implicitly require such a distinction. Therefore, submitting an application without distinction means initiating a speculative or regular application even when this grade criterion is not fulfilled.
Classification in the application process
Role and relevance for entering a law firm
For many years, final grades achieved in the state exam played a central role in the selection process for junior professionals and entry-level candidates. Some firms state this requirement explicitly in their job postings. Nevertheless, there are numerous recruitment processes where candidates without a distinction in their exam are also considered. Alongside professional expertise, other factors such as practical experience, soft skills, and personality traits are becoming increasingly important.
In applications without distinction, other components and skills are often in focus. These include, for example, completed internships, involvement during studies, language skills, or specific additional qualifications. In particular, applicants without distinction are well advised to actively highlight these strengths during the application process.
Dealing with requirements in job postings
Some law firms state the distinction as a mandatory prerequisite, while others deliberately do not impose strict requirements or focus on individual overall profiles. The decision to apply without distinction should, therefore, depend on the wording in the relevant job posting and your own profile.
Requirements and expectations from the employer’s side
When assessing applications without distinction, employers pay particular attention to the overall impression created by the documents and personal interactions. Common expectations include:
- Practical experience: Relevant activities during studies or legal traineeship, such as internships or academic assistance.
- Social skills: Ability to work in a team, communication skills, initiative, and sense of responsibility.
- Motivation and commitment: A convincing cover letter explaining why entering the profession or pursuing the career is realistic and meaningful even without distinction.
- Subject-specific additional qualifications: Additional training, language certificates, or international experience.
Additionally, it can be advantageous if applicants clearly demonstrate their personal development, willingness to learn, and individual strengths.
Typical misunderstandings and misinterpretations
There are various incorrect assumptions related to the topic of applying without distinction:
- No chance of an application without distinction: Many mistakenly believe that an application without distinction is fundamentally hopeless. In reality, there are numerous law firms that give candidates without a distinction a chance.
- Lack of suitability: Another misconception is that the grade in the state exam alone reflects professional suitability. However, many employers consider the entire personality and additional qualifications.
- Stigmatization: It is sometimes assumed that the absence of a distinction automatically leads to a negative evaluation. In practice, however, individual performance and experience are often recognized.
Practical tips for applicants
- Honest presentation of your own qualifications: Transparency in your CV and cover letter is important. Clearly explain which strengths you bring to the table.
- Focus on relevant practical experience: Practical placements, volunteer work, or student assistant roles can help compensate for lower exam grades.
- Individual preparation: Specifically research law firms that value a diverse applicant profile and do not have rigid grade requirements.
- Emphasize soft skills and additional qualifications: Communication skills, flexibility, intercultural competence, or foreign language skills are becoming increasingly important.
- Use networking and personal contacts: Attending events, career fairs, or networking meetings can open doors that are independent of your grades.
Frequently asked questions
What is meant by an application without distinction? An application without distinction occurs when someone applies for a position without having completed the state exam with at least a ‘vollbefriedigend’ grade.Do I have a chance to be hired by a law firm even without distinction? Yes, there are numerous law firms that assess the overall profile of applicants and offer employment opportunities even without distinction.Should I apply even if there is a clear requirement for distinction, if my grade is just below? An application can still be successful if your overall profile is convincing. Additional qualifications or relevant practical experience can partially make up for the lack of distinction.How can I strengthen my application if I cannot show a distinction? Place special emphasis on practical experience, additional qualifications, motivation, and personal strengths. A custom-tailored cover letter is crucial.Is the grade in the state exam always considered the main criterion? Not always. Many employers also consider other criteria such as practical experience, commitment, and social skills.
This article is intended to help applicants understand the term “application without distinction” and best prepare for the application process in the legal field. Understanding the requirements and intentionally presenting your strengths will provide a good basis for a successful start, even without distinction.
Frequently asked questions
Can an employer legally require the submission of a distinction exam?
Employers are, in principle, free within their private autonomy to determine which qualification criteria they require for an application. Thus, in the selection process, they may demand proof of a distinction, for example, in the legal or business-related field. A legal obligation to present a distinction exam exists, however, only if such a requirement is objectively justified and proportionate to the tasks of the advertised position. A formal, blanket requirement can especially be reviewed in the public sector for compliance with the General Equal Treatment Act (AGG) and the principle of merit selection (Art. 33 para. 2 GG).
Does a rejection due to lack of distinction exam constitute discrimination under the AGG?
The General Equal Treatment Act protects applicants from discrimination on grounds such as gender, age, religion, disability, ethnic origin, worldview, or sexual identity. A rejection due to the absence of a distinction exam is generally not considered discrimination under the AGG, as this involves a performance requirement and not one of the protected characteristics. Indirect discrimination could only be considered if the seemingly neutral requirement in actuality systematically disadvantages a particular group protected by the AGG. Concrete evidence would be required for this.
Can an application without a distinction exam legally lead to rejection?
From a labor law perspective, the employer is generally free to review and, if necessary, reject applications according to the criteria it has established. The absence of a distinction exam can be considered a disadvantage for the applicant and used as a reason for rejection as long as there is no discrimination or arbitrary practice. This decision is legally unobjectionable as long as the AGG and any other anti-discrimination regulations are observed.
Is access to public service legally possible without a distinction?
In public service, according to Art. 33 para. 2 GG, the principle of merit selection applies, meaning suitability, qualification, and professional achievement are decisive. Even if some postings formally require a distinction exam, this is not automatically equivalent to a mandatory access requirement. An individual assessment must be carried out based on the profile of the position. Any rigid provision that only applicants with a distinction exam are considered can be considered inadmissible if it is not justified by official requirements.
What legal obligations does an employer have in the application process without a distinction exam?
Employers are required to comply with the General Equal Treatment Act, the general right of personality under Art. 2 para. 1 GG, and data protection requirements (especially under GDPR and BDSG). When making a selection decision, the employer must ensure that no inadmissible criteria (e.g., age, gender, origin) are included and that the requirements for applicants are transparent and comprehensible. Absence of a distinction exam may only lead to exclusion if this can be objectively justified in relation to the position.
Is there a legal right to be invited to an interview even without a distinction?
There is no general legal right to be invited to an interview unless such an obligation arises from special legal regulations, such as § 165 SGB IX (severely disabled applicants). In all other cases, an applicant without a distinction cannot claim legal action solely for not being considered, provided the selection process was transparent, objective, and free from discrimination.
Can you take legal action against rejection due to a lack of distinction?
A legal review of a rejection is possible, but in practice difficult. Applicants can claim compensation under § 15 AGG if they suspect unlawful disadvantage. In relation to lack of distinction, however, you would have to prove that the rejection was not based on objective or job-related reasons but was motivated by inadmissible criteria. The burden of proof lies with the applicant, which generally complicates such proceedings.