Page 139 - the-trial
P. 139

when lawyers say that conditions like that are a disgrace.
         Complaints to the management don’t have the slightest ef-
         fect, but the lawyers are strictly forbidden to alter anything
         in the room at their own expense. But even treating the law-
         yers 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. No a bad point of view, ba-
         sically, 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 gen-
         erally 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  after-
         wards, 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. None-
         theless, the most important thing is the lawyer’s personal

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