Work Samples

Work Samples

Definition and Meaning

Work samples are written or digital documents submitted by applicants as part of an application process to demonstrate their professional suitability, approach, and the quality of their work. They provide HR managers with direct insight into previous work performance and are used to assess how well the applicant’s skills and profile match the requirements of the advertised position. In the legal field, work samples often include briefs, legal opinions, presentations, litigation documents, or publications.

Placement in the Application Process

Work samples are mainly required for positions that demand a high level of analytical and written skills. They are often an integral part of application procedures in law firms, particularly for roles with client contact or that focus on preparing documents for internal and external communications. Work samples are either submitted directly with the application or requested from selected candidates after a preliminary selection. They complement the traditional application documents such as the CV and cover letter and can be decisive when formal qualifications and experience are similar.

Employer Requirements and Expectations

Employers attach importance to work samples being thematically relevant to the advertised position and appropriately reflecting the individual’s working style. Key aspects include:

• Independence: The work sample should be written independently and created without extensive editorial revision or substantial third-party assistance.
• Content Quality: Clear, structured reasoning and factual accuracy are the main focus.
• Confidentiality: It is important to ensure that no sensitive or mandate-related information is published or forwarded.
• Currency: Employers tend to prefer more recent work samples that represent the current level of ability.
• Relevance: The submitted work sample should reflect the desired position and field of activity.

Some law firms also value a brief introduction to each work sample, for example, by a short explanation of context, task, and objectives.

Typical Misunderstandings or Misinterpretations

The following misinterpretations often occur in connection with work samples:

• Confusion with academic papers: Academic theses or seminar papers are not always suitable as work samples, as they have specific requirements and a particular scope that may not necessarily be transferable to the practical context.
• Overly extensive documents: Frequently, documents that are too long are submitted, making the selection process more difficult.
• Unclear authorship: Work samples should reflect your own performance and not, for example, be the result of joint team efforts without your own contribution.
• Use of confidential data: Work samples must not contain protected or sensitive information that would allow conclusions to be drawn about mandates or other parties involved.

Practical Tips for Applicants

• Check for relevance: Select work samples that are related to the advertised position and demonstrate your skills in the desired field of activity.
• Explain the context: When submitting, provide a brief breakdown to explain the task, period, and goal of the work sample.
• Anonymize sensitive content: Remove or anonymize all personal details or confidential information in order to maintain confidentiality.
• Ensure formal quality: Pay attention to careful formatting, clear language, and a structured layout.
• Obtain permission for use: Check in advance whether submission of a particular work sample needs to be coordinated with third parties (for example, previous employers or practice partners).
• Limit the scope: A few pages highlighting key skills and approaches are often sufficient. If in doubt, an excerpt with a brief explanation may be appropriate.
• Pay attention to currency: Prefer work samples from more recent dates that show your current level of knowledge.

Frequently Asked Questions (FAQ)

What counts as a work sample in a law firm setting? Briefs, legal opinions, presentations or publications that were independently prepared during your studies, part-time work or previous employment.How many work samples should be submitted? As a rule, a selection of one to two meaningful work samples is expected, unless otherwise specified in the job advertisement.Do work samples need to have a specific length? No, quality and relevance are most important. Short, concise work samples are usually read with preference.Can I submit a work sample from a team project? In principle, your own contribution should be clearly defined and identified. If in doubt, a short explanation of your own role is recommended.What should I do if I don’t have a relevant work sample? In some cases, an independent paper on a current topic that meets the content and form requirements can be prepared. If possible, university projects can also be included if they are thematically relevant.May work samples be published during the application process? Work samples are intended exclusively for internal review as part of the selection process and are treated confidentially. Further publication always requires separate consent.

This overview is intended to help applicants understand the concept and importance of work samples in the application process and to provide practical confidence during preparation.

Frequently Asked Questions

May an employer require the submission of work samples?

Work samples may generally be required in the application process if the employer has a legitimate interest in verifying the applicant’s professional suitability. This follows from the General Equal Treatment Act (AGG) as well as the principle of proportionality. The scope and type of work samples requested must be related to the tasks to be performed and must not constitute discrimination. In particular, tasks may not be required that are unreasonable, violate the protection of personality, or involve content not relevant to the position. In addition, the request must be structured so that candidates are not forced to disclose trade secrets or violate third-party rights—such as copyrights of former employers.

Who owns the copyright in submitted work samples?

The copyright in submitted work samples remains with the author, provided they were created by the applicant themselves. By submitting, the applicant only grants the employer a right of use for the purpose of the application process. Distribution, reproduction, or other use of the work sample by the employer outside the selection process is not permitted unless expressly agreed otherwise. The protection of copyright is based on §§ 2 ff. of the German Copyright Act (UrhG).

Can an employer keep work samples permanently?

No, work samples may only be stored and used by the employer for the duration of the application process. Once the selection procedure is complete—and at the latest after expiry of the statutory retention period under the AGG, which is two months after notification of the decision—the work samples must either be returned or, if return is impractical (e.g., in the case of digital submissions), properly deleted or destroyed. This is particularly relevant in regard to data protection and the legal requirements of the GDPR.

Do work samples have to be compensated?

There is generally no legal entitlement to compensation for work samples, provided their scope remains reasonable and they are limited to typical tasks for the advertised work area. However, if complex tasks are set that create significant added value for the employer or exceed the scope of a usual application process (so-called work sample as ‘genuine trial work’), a claim for remuneration may exist. The distinction is made on a case-by-case basis in accordance with employment law jurisprudence and under consideration of §§ 612, 631 BGB.

May the employer require already existing work samples?

The employer may only require work samples that the applicant has created themselves and for which they hold the necessary rights of submission. Work samples that were produced during previous employment may only be submitted if this does not violate confidentiality, data protection, or other rights of the former employer. In particular, works resulting from joint authorship may only be submitted individually with the consent of the co-authors or rights holders (cf. §§ 8 ff. UrhG).

To what extent must work samples be treated as personal data?

Work samples constitute personal data according to Art. 4 GDPR, as they can reveal information about the applicant. Employers are therefore obliged to treat these confidentially, protect them from unauthorized access, and use them exclusively in the context of the application process. The retention period must be limited to the required minimum; after the process is complete, the samples must be properly deleted or destroyed. Under Art. 15 GDPR, applicants have the right to information about the processing of their documents.

Can work samples be grounds for discrimination in the application process?

The selection and evaluation of work samples must not result in discrimination within the meaning of the AGG (§§ 1, 7 AGG). This means that no applicant may be disadvantaged in relation to work samples due to characteristics such as gender, age, ethnic origin, religion, disability or sexual identity. If the type or scope of the requested work sample leads to direct or indirect discrimination, this can be legally challenged and compensation can be claimed.