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The Trial

by Franz Kafka

Only as far as that is possible, of course, but it is possible to a very large extent. And the accused doesn't get to see the court records either, and it's very difficult to infer what's in the court records from what's been said during questioning based on them, especially for the accused who is in a difficult situation and is faced with every possible worry to distract him. This is when the defence begins. Counsel for the defence are not normally allowed to be present while the accused is being questioned, so afterwards, and if possible still at the door of the interview room, he has to learn what he can about it from him and extract whatever he can that might be of use, even though what the accused has to report is often very confused. But that is not the most important thing, as there's really not a lot that can be learned in this way, although in this, as with anything else, a competent man will learn more than another. Nonetheless, the most important thing is the lawyer's personal connections, that's where the real value of taking counsel lies. Now K. will most likely have already learned from his own experience that, among its very lowest orders, the court organisation does have its imperfections, the court is strictly closed to the public, but staff who forget their duty or who take bribes do, to some extent, show where the gaps are. This is where most lawyers will push their way in, this is where bribes are paid and information extracted, there have even, in earlier times at least, been incidents where documents have been stolen. There's no denying that some surprisingly favourable results have been attained for the accused in this way, for a limited time, and these petty advocates then strut to and fro on the basis of them and attract new clients, but for the further course of the proceedings it signifies either nothing or nothing good. The only things of real value are honest personal contacts, contacts with higher officials, albeit higher officials of the lower grades, you understand. That is the only way the progress of the trial can be influenced, hardly noticeable at first, it's true, but from then on it becomes more and more visible. There are, of course, not many lawyers who can do this, and K. has made a very good choice in this matter. There were probably no more than one or two who had as many contacts as Dr. Huld, but they don't bother with the company of the lawyers' room and have nothing to do with it. This means they have all the less contact with the court officials. It is not at all necessary for Dr. Huld to go to the court, wait in the ante-rooms for the examining judges to turn up, if they turn up, and try to achieve something which, according to the judges' mood is usually more apparent than real and most often not even that.

Page 77 of 152
  • Biography
  • Works:
    • The Trial (152 pages)
    • The Metamorphosis (41 pages)
    • Before the Law (2 pages)
    • In the Penal Colony (23 pages)
    • A Hunger Artist (8 pages)
    • Jackals and Arabs (3 pages)
    • A Report for An Academy (8 pages)
    • A Country Doctor (5 pages)
    • An Imperial Message (1 pages)
    • The Judgement (9 pages)
    • The Great Wall of China (11 pages)
    • The Hunter Gracchus (4 pages)
    • Up in the Gallery (1 pages)
    • Josephine the Songstress (20 pages)
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