by Franz Kafka
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 to make himself as conspicuous as possible and probably had never even taken on a case as important as he said K.’s was. But it was still suspicious how he continually mentioned his personal contacts with the civil servants. Were they to be exploited solely for K.’s benefit? The lawyer never forgot to mention that they were dealing only with junior officials, which meant officials who were dependent on others, and the direction taken in each trial could be important for their own furtherment. Could it be that they were making use of the lawyer to turn trials in a certain direction, which would, of course, always be at the cost of the defendant? It certain did not mean that they would do that in every trial, that was not likely at all, and there were probably also trials where they gave the lawyer advantages and all the room he needed to turn it in the direction he wanted, as it would also be to their advantage to keep his reputation intact. If that really was their relationship, how would they direct K.’s trial which, as the lawyer had explained, was especially difficult and therefore important enough to attract great attention from the very first time it came to court? There could not be much doubt about what they would do. The first signs of it could already be seen in the fact that the first documents still had not been submitted even though the trial had already lasted several months, and that, according to the lawyer, everything was still in its initial stages, which was very effective, of course, in making the defendant passive and keeping him helpless. Then he could be suddenly surprised with the verdict, or at least with a notification that the hearing had not decided in his favour and the matter would be passed on to a higher office.
It was essential that K. take a hand in it himself. On winter’s mornings such as this, when he was very tired and everything dragged itself lethargically through his head, this belief of his seemed irrefutable. He no longer felt the contempt for the trial that he had had earlier. If he had been alone in the world it would have been easy for him to ignore it, although it was also certain that, in that case, the trial would never have arisen in the first place. But now, his uncle had already dragged him to see the lawyer, he had to take account of his family; his job was no longer totally separate from the progress of the trial, he himself had carelessly - with a certain, inexplicable complacency - mentioned it to acquaintances and others had learned about it in ways he did not know, his relationship with Miss Bürstner seemed to be in trouble because of it. In short, he no longer had any choice whether he would accept the trial or turn it down, he was in the middle of it and had to defend himself. If he was tired, then that was bad.
But there was no reason to worry too much before he needed to. He had been capable of working himself up to his high position in the bank in a relatively short time and to retain it with respect from everyone, now he simply had to apply some of the talents that had made that possible for him to the trial, and there was no doubt that it had to turn out well. The most important thing, if something was to be achieved, was to reject in advance any idea that he might be in any way guilty. There was no guilt. The trial was nothing but a big piece of business, just like he had already concluded to the benefit of the bank many times, a piece of business that concealed many lurking dangers waiting in ambush for him, as they usually did, and these dangers would need to be defended against. If that was to be achieved then he must not entertain any idea of guilt, whatever he did, he would need to look after his own interests as closely as he could. Seen in this way, there was no choice but to take his representation away from the lawyer very soon, at best that very evening. The lawyer had told him, as he talked to him, that that was something unheard of and would probably do him a great deal of harm, but K. could not tolerate any impediment to his efforts where his trial was concerned, and these impediments were probably caused by the lawyer himself. But once he had shaken off the lawyer the documents would need to be submitted straight away and, if possible, he would need to see to it that they were being dealt with every day. It would of course not be enough, if that was to be done, for K. to sit in the corridor with his hat under the bench like the others. Day after day, he himself, or one of the women or somebody else on his behalf, would have to run after the officials and force them to sit at their desks and study K.’s documents instead of looking out on the corridor through the grating. There could be no let-up in these efforts, everything would need to be organised and supervised, it was about time that the court came up against a defendant who knew how to defend and make use of his rights.
But when K. had the confidence to try and do all this the difficulty of composing the documents was too much for him. Earlier, just a week or so before, he could only have felt shame at the thought of being made to write out such documents himself; it had never entered his head that the task could also be difficult. He remembered one morning when, already piled up with work, he suddenly shoved everything to one side and took a pad of paper on which he sketched out some of his thoughts on how documents of this sort should proceed. Perhaps he would offer them to that slow-witted lawyer, but just then the door of the manager’s office opened and the deputy-director entered the room with a loud laugh. K. was very embarrassed, although the deputy-director, of course, was not laughing at K.’s documents, which he knew nothing about, but at a joke he had just heard about the stock-exchange, a joke which needed an illustration if it was to be understood, and now the deputy-director leant over K.’s desk, took his pencil from his hand, and drew the illustration on the writing pad that K. had intended for his ideas about his case.
K. now had no more thoughts of shame, the documents had to be prepared and submitted. If, as was very likely, he could find no time to do it in the office he would have to do it at home at night. If the nights weren’t enough he would have to take a holiday. Above he could not stop half way, that was nonsense not only in business but always and everywhere. Needless to say, the documents would mean an almost endless amount of work. It was easy to come to the belief, not only for those of an anxious disposition, that it was impossible ever to finish it. This was not because of laziness or deceit, which were the only things that might have hindered the lawyer in preparing it, but because he did not know what the charge was or even what consequences it might bring, so that he had to remember every tiny action and event from the whole of his life, looking at them from all sides and checking and reconsidering them. It was also a very disheartening job. It would have bee
n more suitable as a way of passing the long days after he had retired and become senile. But now, just when K. needed to apply all his thoughts to his work, when he was still rising and already posed a threat to the deputy-director, when every hour passed so quickly and he wanted to enjoy the brief evenings and nights as a young man, this was the time he had to start working out these documents. Once more, he began to feel resentment. Almost involuntarily, only to put an end to it, his finger felt for the button of the electric bell in the ante-room. As he pressed it he glanced up to the clock. It was eleven o’clock, two hours, he had spent a great deal of his costly time just dreaming and his wits were, of course, even more dulled than they had been before. But the time had, nonetheless, not been wasted, he had come to some decisions that could be of value. As well as various pieces of mail, the servitors brought two visiting cards from gentlemen who had already been waiting for K. for some time. They were actually very important clients of the bank who should not really have been kept waiting under any circumstances. Why had they come at such an awkward time, and why, the gentlemen on the other side of the closed door seemed to be asking, was the industrious K. using up the best business time for his private affairs? Tired from what had gone before, and tired in anticipation of what was to follow, K. stood up to receive the first of them.
