The Trial - Franz Kafka (best novels for students TXT) 📗

does, even though the defence will usually stay in contact with the accused until the trial is nearly at its end, so that the court officials can learn many useful things from the defence.

Bearing all this in mind, does it still surprise K. that the officials are irritated and often express themselves about the litigants in unflattering ways - which is an experience shared by everyone. All the officials are irritated, even when they appear calm. This causes many difficulties for the junior advocates, of course. There is a story, for instance, that has very much the ring of truth about it. It goes like this: One of the older officials, a good and peaceful man, was dealing with a difficult matter for the court which had become very confused, especially thanks to the contributions from the lawyers. He had been studying it for a day and a night without a break - as these officials are indeed hard working, no-one works as hard as they do. When it was nearly morning, and he had been working for twenty-four hours with probably very little result, he went to the front entrance, waited there in ambush, and every time a lawyer tried to enter the building he would throw him down the steps. The lawyers gathered together down in front of the steps and discussed with each other what they should do; on the one hand they had actually no right to be allowed into the building so that there was hardly anything that they could legally do to the official and, as I’ve already mentioned, they would have to be careful not to set all the officials against them. On the other hand, any day not spent in court is a day lost for them and it was a matter of some importance to force their way inside. In the end, they agreed that they would try to tire the old man out. One lawyer after another was sent out to run up the steps and let himself be thrown down again, offering what resistance he could as long as it was passive resistance, and his colleagues would catch him at the bottom of the steps. That went on for about an hour until the old gentleman, who was already exhausted from working all night, was very tired and went back to his office. Those who were at the bottom of the steps could not believe it at first, so they sent somebody out to go and look behind the door to see if there really was no-one there, and only then did they all gather together and probably didn’t even dare to complain, as it’s far from being the lawyers’ job to introduce any improvements in the court system, or even to want to. Even the most junior lawyer can understand the relationship there to some extent, but one significant point is that almost every defendant, even very simple people, begins to think of suggestions for improving the court as soon as his proceedings have begun, many of them often even spend time and energy on the matter that could be spent far better elsewhere. The only right thing to do is to learn how to deal with the situation as it is. Even if it were possible to improve any detail of it - which is anyway no more than superstitious nonsense - the best that they could achieve, although doing themselves incalculable harm in the process, is that they will have attracted the special attention of the officials for any case that comes up in the future, and the officials are always ready to seek revenge. Never attract attention to yourself! Stay calm, however much it goes against your character!

Try to gain some insight into the size of the court organism and how, to some extent, it remains in a state of suspension, and that even if you alter something in one place you’ll draw the ground out from under your feet and might fall, whereas if an enormous organism like the court is disrupted in any one place it finds it easy to provide a substitute for itself somewhere else. Everything is connected with everything else and will continue without any change or else, which is quite probable, even more closed, more attentive, more strict, more malevolent. So it’s best to leave the work to the lawyers and not to keep disturbing them. It doesn’t do much good to make accusations, especially if you can’t make it clear what they’re based on and their full significance, but it must be said that K. caused a great deal of harm to his own case by his behaviour towards the office director, he was a very influential man but now he might as well be struck off the list of those who might do anything for K. If the trial is mentioned, even just in passing, it’s quite obvious that he’s ignoring it. These officials are in many ways just like children. Often, something quite harmless - although K.‘s behaviour could unfortunately not be called harmless - will leave them feeling so offended that they will even stop talking with good friends of theirs, they turn away when they see them and do everything they can to oppose them. But then, with no particular reason, surprisingly enough, some little joke that was only ever attempted because everything seemed so hopeless will make them laugh and they’ll be reconciled.

It’s both difficult and hard at the same time to deal with them, and there’s hardly any reason for it. It’s sometimes quite astonishing that a single, average life is enough to encompass so much that it’s at all possible ever to have any success in one’s work here. On the other hand, there are also dark moments, such as everyone has, when you think you’ve achieved nothing at all, when it seems that the only trials to come to a good end are those that were determined to have a good end from the start and would do so without any help, while all the others are lost despite all the running to and fro, all the effort, all the little, apparent successes that gave such joy. Then you no longer feel very sure of anything and, if asked about a trial that was doing well by its own nature but which was turned for the worse because you assisted in it, would not even dare deny that. And even that is a kind of self-confidence, but then it’s the only one that’s left. Lawyers are especially vulnerable to fits of depression of that sort - and they are no more than fits of depression of course - when a case is suddenly taken out of their hands after they’ve been conducting it satisfactorily for some time. That’s probably the worst that can happen to a lawyer.

It’s not that the accused takes the case away from him, that hardly ever happens, once a defendant has taken on a certain lawyer he has to stay with him whatever happens. How could he ever carry on by himself after he’s taken on help from a lawyer? No, that just doesn’t happen, but what does sometimes happen is that the trial takes on a course where the lawyer may not go along with it. Client and trial are both simply taken away from the lawyer; and then even contact with the court officials won’t help, however good they are, as they don’t know anything themselves. The trial will have entered a stage where no more help can be given, where it’s being processed in courts to which no-one has any access, where the defendant cannot even be contacted by his lawyer. You come home one day and find all the documents you’ve submitted, which you’ve worked hard to create and which you had the best hopes for, lying on the desk, they’ve been sent back as they can’t be carried through to the next stage in the trial, they’re just worthless scraps of paper. It doesn’t meant that the case has been lost, not at all, or at least there is no decisive reason for supposing so, it’s just that you don’t know anything more about the case and won’t be told anything of what’s happening. Well, cases like that are the exceptions, I’m glad to say, and even if K.‘s trial is one of them, it’s still, for the time being, a long way off. But there was still plenty of opportunity for lawyers to get to work, and K. could be sure they would be made use of. As he had said, the time for submitting documents was still in the future and there was no rush to prepare them, it was much more important to start the initial discussions with the appropriate officials, and they had already taken place. With varying degrees of success, it must be said.

It was much better not to give away any details before their time, as in that way K. could only be influenced unfavourably and his hopes might be raised or he might be made too anxious, better just to say that some individuals have spoken very favourably and shown themselves very willing to help, although others have spoken less favourably, but even they have not in any way refused to help. So all in all, the results are very encouraging, only you should certainly not draw any particular conclusions as all preliminary proceedings begin in the same way and it was only the way they developed further that would show what the value of these preliminary proceedings has been. Anyway, nothing has been lost yet, and if we can succeed in getting the office director, despite everything, on our side - and several actions have been undertaken to this end - then everything is a clean wound, as a surgeon would say, and we can wait for the results with some comfort.

 

When he started talking on in this way the lawyer was quite tireless. He went through it all again every time K. went to see him.

There was always some progress, but he could never be told what sort of progress it was. The first set of documents to be submitted were being worked on but still not ready, which usually turned out to be a great advantage the next time K. went to see him as the earlier occasion would have been a very bad time to put them in, which they could not then have known. If K., stupefied from all this talking, ever pointed out that even considering all these difficulties progress was very slow, the lawyer would object that progress was not slow at all, but that they might have progressed far further if K. had come to him at the right time. But he had come to him late and that lateness would bring still further difficulties, and not only where time was concerned. The only welcome interruption during these visits was always when Leni contrived to bring the lawyer his tea while K. was there. Then she would stand behind K. - pretending to watch the lawyer as he bent greedily over his cup, poured the tea in and drank - and secretly let K. hold her hand.

There was always complete silence. The lawyer drank. K. squeezed Leni’s hand and Leni would sometimes dare to gently stroke K.‘s hair.

“Still here, are you?” the lawyer would ask when he was ready. “I wanted to take the dishes away,” said Leni, they would give each other’s hands a final squeeze, the lawyer would wipe his mouth and then start talking at K. again with renewed energy.

 

Was the lawyer trying to comfort K. or to confuse him? K. could not tell, but it seemed clear to him that his defence was not in good hands. Maybe everything the lawyer said was quite right, even though he obviously wanted