In Plain English
Finding the perfect tense
Different verb tenses can be coordinated in one passage to
express actions that happen at different times, that happen because of
each other, or that happen only in the context of another
action.
By Mary Barnard Ray
Many writers have been taught that they must choose one verb tense
and use it exclusively throughout a paragraph, a passage, or even a
whole document. This rule, followed literally, hamstrings the temporal
logic of a document, driving verbs to shed nuances of meaning as they
conform to a common time frame. The text is reduced to a string of
actions listed with logical indifference toward their interaction. In
truth, almost any document needs to express actions that happen at
different times, that happen because of each other, or that happen only
in the context of another action. Different tenses are needed to express
these truths. Indeed, this is why verb tenses exist.
English grammar employs a collection of tenses that, when used with
various helping verbs, make English verbs communicate the relationship
between events.
Example: The patient underwent (simple
past) outpatient surgery for a drooping eyelid on March 15, 1997. During
the surgery, the anesthesia was administered (past, passive
voice) through a vaporizing machine that generally calibrates
(present) the proper dosage to deliver (infinitive) throughout
the surgery... . As a result, the patient now suffers (present)
severe brain damage and will be incapacitated (future perfect)
for the rest of his life.
The interrelated tenses in this example signal the relationship of
events. Thus, a writer who masters the logic of verb tenses is able to
communicate a sequence of events precisely, and can even suggest
causality by the proper marriage of different tenses.
Although a writer need not be monogamous about verb tense, that
writer does need to avoid profligate meanderings and mismatches. He or
she must use each tense properly and keep the interrelationship of the
tenses logical. Doing this requires a clear understanding of the meaning
of each verb tense. After seeing the various possible tenses, a writer
usually has little trouble choosing the tense that best communicates his
or her meaning.
The present tenses
There are three basic present tenses: simple present, present
progressive (some sources call this the progressive form or progressive
aspect, rather than a tense), and present perfect. The simple present
tense is the proper choice for current actions, but it is also the
choice to communicate habitual, repeated actions that still occur.
Example: I review each of the contracts
drafted by our firm.
Under this reasoning, statutory language is properly stated in
present tense, because it speaks to repeated actions that still occur.
(This communication of continuous repetition can be called the iterative
aspect of a verb, if you want to impress or annoy someone with an
obscure grammar term.)
Habitual actions often need to be expressed in the same sentence with
other actions.
Example: Joe Smith has asked (present
perfect) me to contact you about this project because I review
(present) each of the contracts drafted by our firm.
The present progressive tense is the proper choice when the action is
in progress, but not habitual. Choosing this tense communicates to the
reader that this action is not to be viewed as happening at one point in
time, but rather is occurring over a period of time stretching into the
present.
Example: I am reviewing (present
progressive) this contract further because international contracts
involve (present) many special concerns.
The present progressive can be used in a routine statement of fact,
as in the previous example, or it can be used to suggest a writer's
larger meaning.
Example: The demographics of the baby boomers
have (present) and are still having (present
progressive) an effect on the economy.
The present perfect tense expresses actions completed just before a
present action. Thus, it has a natural aptitude for combining with other
tenses. The present perfect tense allows the writer to express an action
that sets the stage for a current action. It can suggest the reasoning
behind a present action.
Example: I have reviewed (present perfect)
this contract and suggest (present) that you request
(present) a few modifications before signing.
The present perfect also can be used to suggest a sense of
completion, or finality.
Example: I have reviewed (present perfect)
this contract at great length.
Accurate coordination of these present tenses adds clarity by
coordinating the sequence and relationship of various actions. For
example, the first version of the following passage uses the present
perfect tense throughout. This unchanging tense is difficult to
understand because it hides the cause and effect relationships among the
various verbs. In contrast, the second version coordinates the tenses to
reflect those relationships.
Version 1: I have reviewed many contracts
for all our firm's attorneys. So your attorney asked me to study the
enclosed contract for you. I have completed this review and
have written this memo to suggest that you request the
following modifications before signing.
Version 2: Because I review contracts for
all of our firm's attorneys, your attorney asked me to study the
enclosed contract for you. Now that I have completed this
review, I am writing to suggest that you request the following
modifications before signing.
The past tenses
The three past tenses, congruent with the three present tenses, are
simple past, past progressive, and past perfect. Use the simple past
tense for actions completed before the time of the writing.
Example: The court resolved this question
in Hendricks v. Joplin.
The simple past tense tells the reader to think of the action as one
single event, rather than a process happening over a period of time. It
sounds simple and straightforward; it often enhances a confident tone
and improves readability.
Nevertheless, the other past tenses have their uses. The past
progressive tense is the proper choice for expressing an action that you
want to present as occurring over a period of time.
Example: The courts were discussing this
question in cases from the 1930s to the present.
The past progressive tense is frequently needed to coordinate two
actions from the past when one (stated in the simple past) occurred in
the context of the other action (stated in the past progressive).
Example: Although the courts were
discussing this question in cases from the 1930s on, the issue
remained unresolved until Hendricks v. Joplin.
When, however, one past action led to another, rather than providing
the background context, then the best choice for expressing that past
action is the past perfect tense. The past perfect tense indicates that
this action was completed before some other past action.
Example: Since the courts had addressed the
issue in Hendricks, they were unwilling to allow Wilson v.
Lewis to resurrect the issue the following year.
Coordination of these three past tenses, in summary, allows you to
communicate the significance of each action more precisely, composing a
unified story rather than merely listing information.
The future tenses
The future tenses are not needed as frequently in legal writing as
the past tenses. When used carefully, though, they convey some
interesting subtexts. For example, the simple future tense is the best
choice when promising that something will indeed happen.
Mary Barnard Ray is a legal writing
lecturer and director of the Legal Writing Individualized Instruction
Services at the U.W. Law School. She has taught writing workshops and
offered individual sessions for law students; she also taught advanced
writing and commenting and conferencing techniques in the training
course for the legal writing teaching assistants. She has taught and
spoken nationally at many seminars and conferences of legal and college
writing instructors. Her publications include two coauthored legal
writing books, Getting It Right and Getting It Written and
Beyond the Basics, published by West Publishing Co.
If you have a writing problem that you can't resolve, email or send your question to
Ms. Ray, c/o Wisconsin Lawyer, State Bar of Wisconsin, P.O. Box 7158,
Madison, WI 53707-7158. Your question and Ms. Ray's response will be
published in this column. Readers who object to their names being
mentioned should state so in their letters.
|
Example: I will send you a copy of the will
for final review tomorrow.
(Some sources label this an aspect, rather than a tense, because the
auxiliary word, will, creates the time change, rather than a change in
the base verb itself, send.) In contrast, the conditional form of the
verb suggests something may not happen.
Example: I would choose a less drastic
action.
Often the simple future must be used with another tense so the writer
can express the sequence of various action.
Example: When these revisions are complete
(present), I will send (future) you a copy of the will for
final review.
Like the other progressive tenses, the future progressive
communicates that an action will continue over time. This can suggest a
pessimism about results, or a need for patience.
Example: The corporation's attorneys will be
arguing (future progressive) this issue for many years to come.
Often the future progressive is needed to coordinate two different
future actions in one sentence.
Example: This action will be pending
(future progressive) for many years before the issue is
resolved (present perfect/passive voice).
Finally, the future perfect tense communicates that the action will
be completed by the time another event or action occurs.
Example: The negotiators will have met
several times before the press conference.
Example: The company will have bound itself
legally by accepting the offer.
Summary
One of the great riches of the English language is the variety of its
verb forms. Although using the nine verb tenses is not the end to
mastering English verb forms, it is a solid, essential beginning.
Realizing that different tenses can be coordinated in one passage, a
writer is freed to make that choice with grace and clarity. This
freedom, in turn, prepares the writer to choose among the other forms of
verbs that are not tenses.
Wisconsin Lawyer