Failing the state examination – for many, this is the absolute worst-case scenario after years of intensive study. Especially in law and teaching, where the state examination decides an entire career. The failure rates are high: 20-30% fail the First State Examination in Law, and 10-15% fail in teaching.
This article concisely explains your options after failing the state examination, free attempt regulations, differences between law and teaching, and what happens in case of definitive failure. Similar to failed bachelor's theses or master's theses, there are also retake options for the state examination – though with stricter rules.
The Most Important Points in Brief
- Law First State Examination: 2 retake attempts (+ free attempt possible)
- Teaching 2nd State Examination: Usually only 1 retake attempt
- Failure Rates: Law 20-30%, Teaching 10-15%
- After 3 failures: Nationwide ban for that subject
- Free attempt expires if failed within the standard period of study
Failed the State Examination – The Hard Facts
State examinations have the highest failure rates of all academic exams:
Law First State Examination: 20-30% (nationwide) | Law Second State Examination: 10-15% | Teaching First State Examination: 5-10% | Teaching Second State Examination: 10-15% | Medicine State Examination: 5-8%
The high rates have reasons: state examinations test the entire curriculum of several years, not just one semester. The exams are standardized and comparable nationwide, leaving less room for "compassion grades."
Failed the Law State Examination – Your Options
First State Examination Not Passed
For the First State Examination in Law, you generally have two retake attempts. With a free attempt, you even have three regular attempts.
Failed the Second State Examination in Law
The Second State Examination (Referendariat) is tougher: usually, there is only one retake attempt. If you fail again, you cannot work as a fully qualified lawyer – with only the First State Examination, you remain a "Diplomjurist" without the qualification for judicial office.
After definitive failure, you cannot work as a lawyer, judge, or public prosecutor. Alternatives: in-house counsel, compliance, legal departments (without a full lawyer's title).
Failed the Teaching State Examination
First State Examination in Teaching
For the First State Examination in Teaching (also known as the "Erste Lehramtsprüfung" depending on the federal state), there are two retake attempts. The regulations vary greatly between federal states.
Failed the 2nd State Examination in Teaching
The Second State Examination in Teaching (after the Referendariat) usually has only one retake attempt. If you fail again, you cannot be tenured and cannot work as a regular teacher.
Private schools (no state examination required), tutoring institutes, adult education centers, lateral entry into school administration, or a completely different career with your degree.
More on alternatives after a failed study can be found in our guide on dropping out of university and options.
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Why Do So Many Fail?
1. Underestimated Study Effort
State examinations test the complete material from 4-5 years of study. Many plan too little preparation time and fail due to the sheer volume of material.
2. Poor Time Management in Exams
State examination papers are extremely tight on time. Those who haven't practiced structured writing under time pressure risk not finishing their exams.
3. Gaps in Foundational Knowledge
State examinations test not only detailed knowledge but, above all, fundamentals. Those who do not master the basic knowledge will fail – even with good detailed knowledge.
4. Exam Anxiety and Nervousness
The significance of the state examination leads to immense pressure. Blackouts during exams are common – especially on the last attempt. For severe exam anxiety, professional counseling or relaxation techniques can help.
5. Unrealistic Grade Expectations
Many students with good university grades fail because they expect similar grades in the state examination. State examinations are graded more strictly – a "satisfactory" is already very good.
Failed 3 times – what then?
After the third failure, the study is definitively over nationwide. You can no longer study law or teaching at any German university.
The ban applies nationwide. Switching to another federal state will not help. Forced exmatriculation occurs automatically after the third failure. The only option: a completely different degree or apprenticeship.
Alternatives after Definitive Failure
- Law without State Examination: In-house counsel, compliance, HR, legal departments
- Teaching without State Examination: Private schools, tutoring, adult education centers, school administration
- Apprenticeship: Often the most pragmatic option with better job prospects
- Another Degree: With a law/teaching degree, often good chances for a master's in related fields. Important: observe BAföG regulations for changing degree programs
- Abroad: In some countries, you can work with a German degree without a state examination
Successfully Mastering the Retake
- Hire a professional tutor instead of self-studying
- Plan at least 6 months of pure preparation
- Practice past exams under time pressure (most important factor!)
- Form a study group with other retakers
- Utilize psychological counseling for exam anxiety
- Realistic expectations: "Satisfactory" is enough!
Typical Mistakes in Retaking
Many repeat the same mistakes: starting too late, setting wrong priorities, not practicing past exams. Those who use the same learning strategy for the second or third attempt usually fail again.
On the last attempt, learning too much out of fear and getting bogged down. Focusing on basics and past exams is more successful than a marathon of detailed knowledge.
Differences Between Federal States
State examination regulations vary:
- Bavaria: Toughest grading, lowest pass rate
- North Rhine-Westphalia: Free attempt-friendly, moderate grading
- Berlin: Liberal retake regulations
- Baden-Württemberg: Strict grading, high failure rate
But: switching federal states does not help with failure – the results are valid nationwide.
Conclusion: Failed the State Examination
- Law: 2 retakes (+ free attempt), Teaching: usually 1 retake
- Failure rates: Law 20-30%, Teaching 10-15%
- Free attempt expires if failed within the standard period of study
- 3 failures = nationwide ban
- Professional preparation with a tutor significantly increases success rate
- On the last attempt: Focus on basics instead of perfection!
A failed state examination is not the end of the world – but a wake-up call. Most pass on the second attempt if they seek professional help and change their learning strategy. On the third attempt, the pressure is maximal – but achievable with the right preparation.
"State examinations are marathons, not sprints. Those who change their strategy on the second attempt have a good chance of passing."
