The Trial by Franz Kafka

On the other hand it had also to be considered that these gentlemen were not moved by

mere human benevolence or friendly feeling in paying visits to defending counsel — only to experienced counsel, of course; they were in a certain sense actually dependent on the

Defense. They could not help feeling the disadvantages of a judiciary system which

insisted on secrecy from the start. Their remoteness kept the officials from being in touch

with the populace; for the average case they were excellently equipped, such a case

proceeded almost mechanically and only needed a push now and then; yet confronted with

quite simple cases, or particularly difficult cases, they were often utterly at a loss, they did

not have any right understanding of human relations, since they were confined day and

night to the workings of their judicial system, whereas in such cases a knowledge of

human nature itself was indispensable. Then it was that they came to the lawyers for

advice, with a servant behind them carrying the papers that were usually kept so secret. In

that window over there many a gentleman one would never have expected to encounter

had sat gazing out hopelessly into the street, while the lawyer at his desk examined his

papers in order to give him good advice. And it was on such occasions as these that one

could perceive how seriously these gentlemen took their vocation and how deeply they

were plunged into despair when they came upon obstacles which the nature of things kept

them from overcoming. In other ways, too, their position was not easy, and one must not

do them an injustice by regarding it as easy. The ranks of officials in this judiciary system

mounted endlessly, so that not even the initiated could survey the hierarchy as a whole.

And the proceedings of the Courts were generally kept secret from subordinate officials,

consequently they could hardly ever quite follow in their further progress the cases on

which they had worked; any particular case thus appeared in their circle of jurisdiction

often without their knowing whence it came, and passed from it they knew not whither.

Thus the knowledge derived from a study of the various single stages of the case, the final

verdict and the reasons for that verdict lay beyond the reach of these officials. They were

forced to restrict themselves to that stage of the case which was prescribed for them by the

Law, and as for what followed, in other words the results of their own work, they generally

knew less about it than the Defense, which as a rule remained in touch with the accused

almost to the end of the case. So in that respect, too, they could learn much that was worth

knowing from the Defense. Should it surprise K., then, keeping all this in mind, to find that

the officials lived in a state of irritability which sometimes expressed itself in offensive

ways when they dealt with their clients? That was the universal experience. All the

officials were in a constant state of irritation, even when they appeared calm. Naturally the

petty lawyers were most liable to suffer from it. The following story, for example, was

current, and it had all the appearance of truth. An old official, a well-meaning, quiet man,

had a difficult case in hand which had been greatly complicated by the lawyer’s petitions,

and he had studied it continuously for a whole day and night — the officials were really

more conscientious than anyone else. Well, toward morning, after twenty-four hours of

work with probably very little result, he went to the entrance door, hid himself behind it,

and flung down the stairs every lawyer who tried to enter. The lawyers gathered down

below on the landing and took counsel what they should do; on the one hand they had no

real claim to be admitted and consequently could hardly take any legal action against the

official, and also, as already mentioned, they had to guard against antagonizing the body of

officials. But on the other hand every day they spent away from the Court was a day lost to them, and so a great deal depended on their getting in. At last they all agreed that the best

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