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.

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