of course, to all the documents, then these first documents to have been
submitted will also be checked over. But unfortunately, even this is not
usually true, the first documents submitted are usually mislaid or lost
completely, and even if they do keep them right to the end they are
hardly read, although the lawyer only knew about this from rumour. This
is all very regrettable, but not entirely without its justifications.
But K. should not forget that the trial would not be public, if the
court deems it necessary it can be made public but there is no law that
says it has to be. As a result, the accused and his defence don't have
access even to the court records, and especially not to the indictment,
and that means we generally don't know--or at least not precisely--what
the first documents need to be about, which means that if they do
contain anything of relevance to the case it's only by a lucky
coincidence. If anything about the individual charges and the reasons
for them comes out clearly or can be guessed at while the accused is
being questioned, then it's possible to work out and submit documents
that really direct the issue and present proof, but not before.
Conditions like this, of course, place the defence in a very
unfavourable and difficult position. But that is what they intend. In
fact, defence is not really allowed under the law, it's only tolerated,
and there is even some dispute about whether the relevant parts of the
law imply even that. So strictly speaking, there is no such thing as a
counsel acknowledged by the court, and anyone who comes before this
court as counsel is basically no more than a barrack room lawyer. The
effect of all this, of course, is to remove the dignity of the whole
procedure, the next time K. is in the court offices he might like to
have a look in at the lawyers' room, just so that he's seen it. He might
well be quite shocked by the people he sees assembled there. The room
they've been allocated, with its narrow space and low ceiling, will be
enough to show what contempt the court has for these people. The only
light in the room comes through a little window that is so high up that,
if you want to look out of it, you first have to get one of your
colleagues to support you on his back, and even then the smoke from the
chimney just in front of it will go up your nose and make your face
black. In the floor of this room--to give yet another example of the
conditions there--there is a hole that's been there for more than a
year, it's not so big that a man could fall through, but it is big
enough for your foot to disappear through it. The lawyers' room is on
the second floor of the attic; if your foot does go through it will hang
down into the first floor of the attic underneath it, and right in the
corridor where the litigants are waiting. It's no exaggeration when
lawyers say that conditions like that are a disgrace. Complaints to the
management don't have the slightest effect, but the lawyers are strictly
Public-domain text, read in full here on John Shaqi.
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