Chapter 7 - Page 2

through all
these cases would, of course, be of benefit to K. He had, of course,
begun work straight away and was nearly ready to submit the first
documents. They would be very important because the first impression
made by the defence will often determine the whole course of the
proceedings. Unfortunately, though, he would still have to make it
clear to K. that the first documents submitted are sometimes not even
read by the court. They simply put them with the other documents and
point out that, for the time being, questioning and observing the
accused are much more important than anything written. If the applicant
becomes insistent, then they add that before they come to any decision,
as soon as all the material has been brought together, with due regard,
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