Image from Unsplash
The Trial
Written by: Franz Kafka
There are 10 chapters to this story. Read them all. Enjoy
Chapters
Chapter Seven Lawyer - Manufacturer - Painter
Part 1
One winter morning - snow was falling in the dull light outside - K. was sitting in his office, already extremely tired despite the early hour. He had told the servitor he was engaged in a major piece of work and none of the junior staff should be allowed in to see him, so he would not be disturbed by them at least. But instead of working he turned round in his chair, slowly moved various items around his desk, but then, without being aware of it, he lay his arm stretched out on the desk top and sat there immobile with his head sunk down on his chest.
He was no longer able to get the thought of the trial out of his head. He had often wondered whether it might not be a good idea to work out a written defence and hand it in to the court. It would contain a short description of his life and explain why he had acted the way he had at each event that was in any way important, whether he now considered he had acted well or ill, and his reasons for each. There was no doubt of the advantages a written defence of this sort would have over relying on the lawyer, who was anyway not without his shortcomings. K. had no idea what actions the lawyer was taking; it was certainly not a lot, it was more than a month since the lawyer had summoned him, and none of the previous discussions had given K. the impression that this man would be able to do much for him. Most importantly, he had asked him hardly any questions. And there were so many questions here to be asked. Asking questions were the most important thing. K. had the feeling that he would be able to ask all the questions needed here himself. The lawyer, in contrast, did not ask questions but did all the talking himself or sat silently facing him, leant forward slightly over the desk, probably because he was hard of hearing, pulled on a strand of hair in the middle of his beard and looked down at the carpet, perhaps at the very spot where K. had lain with Leni. Now and then he would give K. some vague warning of the sort you give to children. His speeches were as pointless as they were boring, and K. decided that when the final bill came he would pay not a penny for them. Once the lawyer thought he had humiliated K. sufficiently, he usually started something that would raise his spirits again. He had already, he would then say, won many such cases, partly or in whole, cases which may not really have been as difficult as this one but which, on the face of it, had even less hope of success. He had a list of these cases here in the drawer - here he would tap on one or other of the drawers in his desk - but could, unfortunately, not show them to K. as they dealt with official secrets. Nonetheless, the great experience he had acquired 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 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 forbidden to alter anything in the room at their own expense. But even treating the lawyers in this way has its reasons. They want, as far as possible, to prevent any kind of defence, everything should be made the responsibility of the accused. Not a bad point of view, basically, but nothing could be more mistaken than to think from that that lawyers are not necessary for the accused in this court. On the contrary, there is no court where they are less needed than here. This is because proceedings are generally kept secret not only from the public but also from the accused. 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. No, K. has seen for himself that the court officials, including some who are quite high up, come forward without being asked, are glad to give information which is fully open or at least easy to understand, they discuss the next stages in the proceedings, in fact in some cases they can be won over and are quite willing to adopt the other person's point of view. However, when this happens, you should never trust them too far, as however firmly they may have declared this new point of view in favour of the defendant they might well go straight back to their offices and write a report for the court that says just the opposite, and might well be even harder on the defendant than the original view, the one they insist they've been fully dissuaded from. And, of course, there's no way of defending yourself from this, something said in private is indeed in private and cannot then be used in public, it's not something that makes it easy for the defence to keep those gentlemen's favour. On the other hand, it's also true that the gentlemen don't become involved with the defence - which will of course be done with great expertise - just for philanthropic reasons or in order to be friendly, in some respects it would be truer to say that they, too, have it allocated to them. This is where the disadvantages of a court structure that, right from the start, stipulates that all proceedings take place in private, come into force. In normal, mediocre trials its officials have contact with the public, and they're very well equipped for it, but here they don't; normal trials run their course all by themselves, almost, and just need a nudge here and there; but when they're faced with cases that are especially difficult they're as lost as they often are with ones that are very simple; they're forced to spend all their time, day and night, with their laws, and so they don't have the right feel for human relationships, and that's a serious shortcoming in cases like this. That's when they come for advice to the lawyer, with a servant behind them carrying the documents which normally are kept so secret. You could have seen many gentlemen at this window, gentlemen of whom you would least expect it, staring out this window in despair on the street below while the lawyer is at his desk studying the documents so that he can give them good advice. And at times like that it's also possible to see how exceptionally seriously these gentlemen take their professions and how they are thrown into great confusion by difficulties which it's just not in their natures to overcome. But they're not in an easy position, to regard their positions as easy would be to do them an injustice. The different ranks and hierarchies of the court are endless, and even someone who knows his way around them cannot always tell what's going to happen. But even for the junior officials, the proceedings in the courtrooms are usually kept secret, so they are hardly able to see how the cases they work with proceed, court affairs appear in their range of vision often without their knowing where they come from and they move on further without their learning where they go. So civil servants like this are not able to learn the things you can learn from studying the successive stages that individual trials go through, the final verdict or the reasons for it. They're only allowed to deal with that part of the trial which the law allocates them, and they usually know less about the results of their work after it's left them than the defence does, even though the defence will usually stay in contact with the accused until the trial is nearly at its end, so that the court officials can learn many useful things from the defence. Bearing all this in mind, does it still surprise K. that the officials are irritated and often express themselves about the litigants in unflattering ways - which is an experience shared by everyone. All the officials are irritated, even when they appear calm. This causes many difficulties for the junior advocates, of course. There is a story, for instance, that has very much the ring of truth about it. It goes like this: One of the older officials, a good and peaceful man, was dealing with a difficult matter for the court which had become very confused, especially thanks to the contributions from the lawyers. He had been studying it for a day and a night without a break - as these officials are indeed hard working, no-one works as hard as they do. When it was nearly morning, and he had been working for twenty-four hours with probably very little result, he went to the front entrance, waited there in ambush, and every time a lawyer tried to enter the building he would throw him down the steps. The lawyers gathered together down in front of the steps and discussed with each other what they should do; on the one hand they had actually no right to be allowed into the building so that there was hardly anything that they could legally do to the official and, as I've already mentioned, they would have to be careful not to set all the officials against them. On the other hand, any day not spent in court is a day lost for them and it was a matter of some importance to force their way inside. In the end, they agreed that they would try to tire the old man out. One lawyer after another was sent out to run up the steps and let himself be thrown down again, offering what resistance he could as long as it was passive resistance, and his colleagues would catch him at the bottom of the steps. That went on for about an hour until the old gentleman, who was already exhausted from working all night, was very tired and went back to his office. Those who were at the bottom of the steps could not believe it at first, so they sent somebody out to go and look behind the door to see if there really was no-one there, and only then did they all gather together and probably didn't even dare to complain, as it's far from being the lawyers' job to introduce any improvements in the court system, or even to want to. Even the most junior lawyer can understand the relationship there to some extent, but one significant point is that almost every defendant, even very simple people, begins to think of suggestions for improving the court as soon as his proceedings have begun, many of them often even spend time and energy on the matter that could be spent far better elsewhere. The only right thing to do is to learn how to deal with the situation as it is. Even if it were possible to improve any detail of it - which is anyway no more than superstitious nonsense - the best that they could achieve, although doing themselves incalculable harm in the process, is that they will have attracted the special attention of the officials for any case that comes up in the future, and the officials are always ready to seek revenge. Never attract attention to yourself! Stay calm, however much it goes against your character! Try to gain some insight into the size of the court organism and how, to some extent, it remains in a state of suspension, and that even if you alter something in one place you'll draw the ground out from under your feet and might fall, whereas if an enormous organism like the court is disrupted in any one place it finds it easy to provide a substitute for itself somewhere else. Everything is connected with everything else and will continue without any change or else, which is quite probable, even more closed, more attentive, more strict, more malevolent. So it's best to leave the work to the lawyers and not to keep disturbing them. It doesn't do much good to make accusations, especially if you can't make it clear what they're based on and their full significance, but it must be said that K. caused a great deal of harm to his own case by his behaviour towards the office director, he was a very influential man but now he might as well be struck off the list of those who might do anything for K. If the trial is mentioned, even just in passing, it's quite obvious that he's ignoring it. These officials are in many ways just like children. Often, something quite harmless - although K.'s behaviour could unfortunately not be called harmless - will leave them feeling so offended that they will even stop talking with good friends of theirs, they turn away when they see them and do everything they can to oppose them. But then, with no particular reason, surprisingly enough, some little joke that was only ever attempted because everything seemed so hopeless will make them laugh and they'll be reconciled. It's both difficult and hard at the same time to deal with them, and there's hardly any reason for it. It's sometimes quite astonishing that a single, average life is enough to encompass so much that it's at all possible ever to have any success in one's work here. On the other hand, there are also dark moments, such as everyone has, when you think you've achieved nothing at all, when it seems that the only trials to come to a good end are those that were determined to have a good end from the start and would do so without any help, while all the others are lost despite all the running to and fro, all the effort, all the little, apparent successes that gave such joy. Then you no longer feel very sure of anything and, if asked about a trial that was doing well by its own nature but which was turned for the worse because you assisted in it, would not even dare deny that. And even that is a kind of self- confidence, but then it's the only one that's left. Lawyers are especially vulnerable to fits of depression of that sort - and they are no more than fits of depression of course - when a case is suddenly taken out of their hands after they've been conducting it satisfactorily for some time. That's probably the worst that can happen to a lawyer. It's not that the accused takes the case away from him, that hardly ever happens, once a defendant has taken on a certain lawyer he has to stay with him whatever happens. How could he ever carry on by himself after he's taken on help from a lawyer? No, that just doesn't happen, but what does sometimes happen is that the trial takes on a course where the lawyer may not go along with it. Client and trial are both simply taken away from the lawyer; and then even contact with the court officials won't help, however good they are, as they don't know anything themselves. The trial will have entered a stage where no more help can be given, where it's being processed in courts to which no-one has any access, where the defendant cannot even be contacted by his lawyer. You come home one day and find all the documents you've submitted, which you've worked hard to create and which you had the best hopes for, lying on the desk, they've been sent back as they can't be carried through to the next stage in the trial, they're just worthless scraps of paper. It doesn't mean that the case has been lost, not at all, or at least there is no decisive reason for supposing so, it's just that you don't know anything more about the case and won't be told anything of what's happening. Well, cases like that are the exceptions, I'm glad to say, and even if K.'s trial is one of them, it's still, for the time being, a long way off. But there was still plenty of opportunity for lawyers to get to work, and K. could be sure they would be made use of. As he had said, the time for submitting documents was still in the future and there was no rush to prepare them, it was much more important to start the initial discussions with the appropriate officials, and they had already taken place. With varying degrees of success, it must be said. It was much better not to give away any details before their time, as in that way K. could only be influenced unfavourably and his hopes might be raised or he might be made too anxious, better just to say that some individuals have spoken very favourably and shown themselves very willing to help, although others have spoken less favourably, but even they have not in any way refused to help. So all in all, the results are very encouraging, only you should certainly not draw any particular conclusions as all preliminary proceedings begin in the same way and it was only the way they developed further that would show what the value of these preliminary proceedings has been. Anyway, nothing has been lost yet, and if we can succeed in getting the office director, despite everything, on our side - and several actions have been undertaken to this end - then everything is a clean wound, as a surgeon would say, and we can wait for the results with some comfort.
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 certainly 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 all, 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 been 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.
He was a short, jolly man, a manufacturer who K. knew well. He apologised for disturbing K. at some important work, and K., for his part, apologised for having kept the manufacturer waiting for so long. But even this apology was spoken in such a mechanical way and with such false intonation that the manufacturer would certainly have noticed if he had not been fully preoccupied with his business affairs. Instead, he hurriedly pulled calculations and tables out from all his pockets, spread them out in front of K., explained several items, corrected a little mistake in the arithmetic that he noticed as he quickly glanced over it all, and reminded K. of a similar piece of business he'd concluded with him about a year before, mentioning in passing that this time there was another bank spending great effort to get his business, and finally stopped speaking in order to learn K.'s opinion on the matter. And K. had indeed, at first, been closely following what the manufacturer was saying, he too was aware of how important the deal was, but unfortunately it did not last, he soon stopped listening, nodded at each of the manufacturer's louder exclamations for a short while, but eventually he stopped doing even that and did no more than stare at the bald head bent over the papers, asking himself when the manufacturer would finally realise that everything he was saying was useless. When he did stop talking, K. really thought at first that this was so that he would have the chance to confess that he was incapable of listening. Instead, seeing the anticipation on the manufacturer's face, obviously ready to counter any objections made, he was sorry to realise that the business discussion had to be continued. So he bent his head as if he'd been given an order and began slowly to move his pencil over the papers, now and then he would stop and stare at one of the figures. The manufacturer thought there must be some objection, perhaps his figures weren't really sound, perhaps they weren't the decisive issue, whatever he thought, the manufacturer covered the papers with his hand and began once again, moving very close to K., to explain what the deal was all about. "It is difficult," said K., pursing his lips. The only thing that could offer him any guidance were the papers, and the manufacturer had covered them from his view, so he just sank back against the arm of the chair. Even when the door of the manager's office opened and revealed not very clearly, as if through a veil, the deputy director, he did no more than look up weakly. K. thought no more about the matter, he merely watched the immediate effect of the deputy director's appearance and, for him, the effect was very pleasing; the manufacturer immediately jumped up from his seat and hurried over to meet the deputy director, although K. would have liked to make him ten times livelier as he feared the deputy director might disappear again. He need not have worried, the two gentlemen met each other, shook each other's hand and went together over to K.'s desk. The manufacturer said he was sorry to find the chief clerk so little inclined to do business, pointing to K. who, under the view of the deputy director, had bent back down over the papers. As the two men leant over the desk and the manufacturer made some effort to gain and keep the deputy director's attention, K. felt as if they were much bigger than they really were and that their negotiations were about him. Carefully and slowly turning his eyes upwards, he tried to learn what was taking place above him, took one of the papers from his desk without looking to see what it was, lay it on the flat of his hand and raised it slowly up as he rose up to the level of the two men himself. He had no particular plan in mind as he did this, but merely felt this was how he would act if only he had finished preparing that great document that was to remove his burden entirely.
The deputy director had been paying all his attention to the conversation and did no more than glance at the paper, he did not read what was written on it at all as what was important for the chief clerk was not important for him, he took it from K.'s hand saying, "Thank you, I'm already familiar with everything", and lay it calmly back on the desk. K. gave him a bitter, sideways look. But the deputy director did not notice this at all, or if he did notice it it only raised his spirits, he frequently laughed out loud, one time he clearly embarrassed the manufacturer when he raised an objection in a witty way but drew him immediately back out of his embarrassment by commenting adversely on himself, and finally invited him into his office where they could bring the matter to its conclusion. "It's a very important matter," said the manufacturer. "I understand that completely. And I'm sure the chief clerk …" - even as he said this he was actually speaking only to the manufacturer - "will be very glad to have us take it off his hands. This is something that needs calm consideration. But he seems to be over-burdened today, there are even some people in the room outside who've been waiting there for hours for him." K. still had enough control of himself to turn away from the deputy director and direct his friendly, albeit stiff, smile only at the manufacturer, he made no other retaliation, bent down slightly and supported himself with both hands on his desk like a clerk, and watched as the two gentlemen, still talking, took the papers from his desk and disappeared into the manager's office. In the doorway, the manufacturer turned and said he wouldn't make his farewell with K. just yet, he would of course let the chief clerk know about the success of his discussions but he also had a little something to tell him about.
At last, K. was by himself. It did not enter his head to show anyone else into his office and only became vaguely aware of how nice it was that the people outside thought he was still negotiating with the manufacturer and, for this reason, he could not let anyone in to see him, not even the servitor. He went over to the window, sat down on the ledge beside it, held firmly on to the handle and looked down onto the square outside. The snow was still falling, the weather still had not brightened up at all.
He remained a long time sitting in this way, not knowing what it actually was that made him so anxious, only occasionally did he glance, slightly startled, over his shoulder at the door to the outer room where, mistakenly, he thought he'd heard some noise. No-one came, and that made him feel calmer, he went over to the wash stand, rinsed his face with cold water and, his head somewhat clearer, went back to his place by the window. The decision to take his defence into his own hands now seemed more of a burden than he had originally assumed. All the while he had left his defence up to the lawyer his trial had had little basic affect on him, he had observed it from afar as something that was scarcely able to reach him directly, when it suited him he looked to see how things stood but he was also able to draw his head back again whenever he wanted. Now, in contrast, if he was to conduct his defence himself, he would have to devote himself entirely to the court - for the time being, at least - success would mean, later on, his complete and conclusive liberation, but if he was to achieve this he would have to place himself, to start with, in far greater danger than he had been in so far. If he ever felt tempted to doubt this, then his experience with the deputy director and the manufacturer that day would be quite enough to convince him of it. How could he have sat there totally convinced of the need to do his own defence? How would it be later? What would his life be like in the days ahead? Would he find the way through it all to a happy conclusion? Did a carefully worked out defence - and any other sort would have made no sense - did a carefully worked out defence not also mean he would need to shut himself off from everything else as much as he could? Would he survive that? And how was he to succeed in conducting all this at the bank? It involved much more than just submitting some documents that he could probably prepare in a few days' leave, although it would have been great temerity to ask for time off from the bank just at that time, it was a whole trial and there was no way of seeing how long it might last. This was an enormous difficulty that had suddenly been thrown into K.'s life!
And was he supposed to be doing the bank's work at a time like this? He looked down at his desk. Was he supposed to let people in to see him and go into negotiations with them at a time like this? While his trial trundled on, while the court officials upstairs in the attic room sat looking at the papers for this trial, should he be worrying about the business of the bank? Did this not seem like a kind of torture, acknowledged by the court, connected with the trial and which followed him around? And is it likely that anyone in the bank, when judging his work, would take any account of his peculiar situation? No- one and never. There were those who knew about his trial, although it was not quite clear who knew about it or how much. But he hoped rumours had not reached as far as the deputy director, otherwise he would obviously soon find a way of making use of it to harm K., he would show neither comradeship nor humaneness. And what about the director? It was true that he was well disposed towards K., and as soon as he heard about the trial he would probably try to do everything he could to make it easier for him, but he would certainly not devote himself to it. K. at one time had provided the counter-balance to what the deputy director said but the director was now coming more and more under his influence, and the deputy director would also exploit the weakened condition of the director to strengthen his own power. So what could K. hope for? Maybe considerations of this sort weakened his power of resistance, but it was still necessary not to deceive oneself and to see everything as clearly as it could be seen at that moment.
Read Chapter 7 - Part 2: CHAPTER SEVEN - PART 2