Accusing
Avoid being the first to accuse, and refrain from bringing a lawsuit against someone you know the judge favors more than you. Only proceed if you have noticed the judge’s opinion shifting in your favor.
If you have brought a lawsuit, or one has been brought against you, even if your cause is most just, act as if it were extremely bad.
Approach and influence the judges with gifts, and your adversary through mediators who may meet with him.
Seek to premeditate each and all things which can be objected to you and what may be answered. Yet keep all those things most secret.
By no means be induced to show your rights or privileges to anyone, for you will give them something to notice and exploit.
Also recognize the nature of the one by whom you are accused - fierce or ignorant - so that you may know how to control yourself. If fierce, choose a time when he is in a fervor. If ignorant, one must act slowly.
Ensure that the accused is unaware of the accusation and its cause. The accusation should come as a sudden surprise, which can unsettle even those well-versed in their own defense1.
Also choose those who may promote your side, it matters little of what rank or appearance they are, provided that they are dear to the judge. Involve them in the danger, showing that their own situation is at stake, so that they may persuade themselves that they cannot acquiesce except at their own extreme peril.
Furthermore, ensure that all accusations are presented not as a formal lawsuit, but as a friendly warning or confidential advice.
Include more severe allegations based on the judge’s own vices. Since these allegations are true about the judge, they will believe them about the defendant as well. This will also make the judge aware that his own reputation, honor, and position are at risk.
In the presence of the judge, show mercy toward the defendant. Express that you are moved only by public evils and that you must denounce the case of an otherwise rightful friend, perhaps attributing their actions to misfortune.
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This is very much reminiscent of Kafka’s The Trial. ↩︎
856e553 @ 2024-05-31