Speculative Application
Definition and Significance
A speculative application is a type of job application where an individual, unsolicited and without reference to an advertised vacancy, expresses their interest in working for a company, institution, or—in the present context—a law firm. Unlike the traditional application, the speculative application is not submitted in response to a specific job posting, but is instead motivated by the applicant. The aim is to present oneself as a qualified employee to a potential employer and thus possibly obtain a suitable position.
The significance of speculative applications has increased in recent years. Many law firms welcome such applications in order to notice talented and committed applicants, even if no open positions are explicitly advertised at the time.
Placement in the Application Process
Role of the Speculative Application in the Law Firm
Traditional recruitment in law firms is done through targeted job postings or referrals. Speculative applications complement this process by allowing interested persons to introduce themselves regardless of existing vacancies. This can be particularly advantageous in areas where open positions are usually filled internally or rarely publicly advertised.
Speculative applications demonstrate to a law firm that the applicant is actively interested in joining and is taking initiative. This can be viewed as a positive signal regarding commitment, independence, and identification with the firm.
Relevance for Entry
For individuals who wish to enter a law firm and cannot find a suitable open position, a speculative application offers an alternative entry route. It makes it possible to contact a firm early on, regardless of current job postings, to introduce oneself and outline one’s career path.
Often, such applications lead to candidates being added to an internal talent pool, so that they can be contacted preferentially should suitable opportunities arise in the future. In some cases, law firms identify a need through convincing speculative applications that had not previously been explicitly advertised and may create new positions accordingly.
Requirements and Expectations from the Employer’s Side
Generally, a law firm expects the same formal requirements for a speculative application as for an application to an open position. These include, among other things:
- Meaningful cover letter: The cover letter should specifically address your motivation for the speculative application and the firm, and explain why you have chosen this particular firm.
- Complete application documents: A CV, relevant certificates, references, and, if applicable, a work profile or an excerpt of completed projects should be included.
- Individual presentation: The speculative application should be tailored to the profile and areas of practice of the law firm. It is expected that the applicant has familiarized themselves with the firm’s focus areas and submits a well-founded application.
- Specific added value: It is viewed positively if specific skills that the applicant can contribute to the development of the firm are mentioned in the cover letter.
An overview of the desired position, intended area of work, and availability can further structure the application.
Typical Misunderstandings and Misinterpretations
The concept and practice of speculative applications are often accompanied by uncertainties. The most common misunderstandings include:
- Addressing random law firms: Some applicants draft generally formulated speculative applications and send them to several law firms at once. This is usually not viewed positively, as the individual connection and motivation are not sufficiently recognizable.
- Expectation of a quick response: Since speculative applications are not tied to an open vacancy, it may take a longer time to receive feedback, as there is no urgent hiring situation.
- Confusion with blind applications: Although the terms are used similarly, a speculative application differs in that it is substantively and formally tailored to the specific target company, in this case the law firm. A blind application, on the other hand, is usually less individually customized.
- Unclear assignment of position: Imprecise information about the desired area of work can result in the application not being reviewed or classified in a targeted manner.
Practical Tips for Applicants
- Thorough research: Research the law firm, its areas of focus, clients, and values thoroughly. This forms the foundation for an individual, compelling cover letter.
- Clear presentation of motivation: Describe concretely why you are approaching this particular law firm and in which area you would like to contribute your skills to good effect.
- Structured documents: Ensure your application documents are complete, clear, and formally correct. Tailor the contents to the law firm’s expectations.
- Show initiative, stay realistic: It is important to highlight your willingness to take on responsibility and to learn new areas of work. At the same time, you should realistically assess your own career path and avoid expressing unfounded expectations.
- Patience in receiving feedback: For a speculative application, expect a longer processing time and, if necessary, maintain polite contact with the contact person afterwards.
- Proactive action: Do not hesitate to politely follow up after a reasonable period if no response is received.
Frequently Asked Questions (FAQ)
How does a speculative application differ from an application to an advertised position? A speculative application is submitted independently of current job postings and is based on the applicant’s own initiative. It is addressed to the employer or the law firm, primarily to express a general interest in employment.Which documents should a speculative application include? A speculative application should include an individual cover letter, a complete CV, as well as relevant certificates and references. A brief introduction of the desired area of responsibility is also recommended.How long does it take to process a speculative application? Since speculative applications are generally not connected to an urgent staffing need, processing times can vary from a few weeks to several months.How can the chances of success for a speculative application be increased? Careful research about the firm, a tailored cover letter, and highlighting one’s added value can significantly increase the chances of success.Is it permissible to proactively follow up after a speculative application? Yes, after a reasonable waiting period (for example, three to four weeks), a polite inquiry by email or phone is generally acceptable and can highlight your interest.What happens to the data and documents after sending a speculative application? Law firms usually retain documents in accordance with data protection law requirements. In many cases, applications are kept in a talent pool so that they can be reviewed again should suitable opportunities arise.
This article provides a comprehensive overview of speculative applications in the context of a law firm and is aimed specifically at applicants who want to better understand and actively shape the application process.
Frequently Asked Questions
Are companies allowed to store personal data from speculative applications for an extended period?
Companies may only store personal data from speculative applications for a limited period which is determined by the purposes of data processing. According to Art. 17 GDPR, data must generally be deleted after the application process ends, as soon as the purposes of processing cease to apply. However, longer storage may be permissible if the applicant expressly agrees—for example, to be included in a candidate pool. In this case, the company must transparently inform the applicant about the duration and purpose of storage and obtain revocable consent. Without such consent, deletion should take place no later than six months after the end of the application process, as claims under the General Equal Treatment Act (AGG) can still be asserted during this period.
What information obligations does a company have towards speculative applicants under Art. 13 GDPR?
Upon receiving a speculative application, the company is obliged to comprehensively inform the applicant about the processing of their personal data. The information obligations in accordance with Art. 13 GDPR include the contact details of the controller, the purposes and legal bases for processing, the storage period, categories of the processed data, any recipients of the data, as well as the applicant’s rights (such as access, erasure, objection). The applicant must also be informed about the existence of a right to lodge a complaint with a data protection supervisory authority and, if applicable, about the intention to transfer data to a third country. This information must be provided no later than the first collection of data, ideally immediately upon receipt of the application, in a clear and easily understandable language.
Can a speculative application result in a legally valid employment relationship?
Merely sending a speculative application does not legally create an employment relationship. An employment relationship only arises through mutual declarations of intent by both parties, usually by entering into an employment contract. The applicant’s submission of documents constitutes only an invitation to submit an offer for an employment contract (invitatio ad offerendum). A company is not obliged to respond to the speculative application or to create suitable positions accordingly. Negotiation or pre-contractual obligations may only arise through concrete discussions or job offers, depending on the progress of the application process.
What legal obligations exist if companies reject speculative applications?
When rejecting a speculative application, the company must ensure that the applicant is not exposed to any discriminatory reasons within the meaning of the General Equal Treatment Act (AGG). There may be no disadvantage on the grounds of race, ethnic origin, religion, belief, disability, age, sexual identity, or gender. If such discrimination is suspected, compensation claims may arise. In addition, data protection obligations require the deletion of application documents after the expiry of the specified retention periods.
Does an applicant have to expressly consent to the processing of their data for a speculative application?
The legal basis for data processing in speculative applications generally stems from Art. 6(1)(b) GDPR, as processing is necessary for carrying out pre-contractual measures. Express consent is only required if the data is to be used for other purposes, such as inclusion in a candidate pool or participation in future selection procedures. In such cases, a separate, informed, and revocable consent from the applicant is necessary.
What special requirements apply to speculative applications submitted by email in terms of data protection?
When submitting a speculative application by email, both applicants and companies are required to comply with data protection regulations. Companies should offer applicants secure communication channels (e.g., encrypted email transmission or secure applicant portals) or point out the risks of email transmission. The received speculative application must be treated confidentially, protected from unauthorized access, and processed in appropriate systems. Internal forwarding of application documents should only take place to authorized persons involved in the selection process.
What rights of access and deletion do speculative applicants have under the GDPR?
Speculative applicants have the right under Art. 15 GDPR to request information about their stored personal data, the purposes for which it is processed, recipients, and the planned storage period. They may also request deletion of their data pursuant to Art. 17 GDPR, unless statutory retention requirements or legitimate company interests prevent this. In practice, this means that applicants, for example after a rejection, may request immediate deletion of their data unless the company needs the data to defend itself against possible AGG claims, for which storage for up to six months after the conclusion of the application process is recognized.