Regarding question (1), The American rule is that periods and commas are always placed inside the final quotation marks, no matter whether the quoted material is part of the statement or not. Thus, this sentence is correct: "The witness testified that the weather was gloomy." Similarly, American usage requires that commas be placed within the quotation as in: "The judge said, 'No bail will be allowed,' but the defendant's lawyer pleaded with the judge to change her mind."
Unfortunately, British usage differs, causing confusion. In Great Britain, logic determines the placement of periods and commas. The placement of punctuation always depends on whether the punctuation is part of the quoted material. So if you are writing for a British journal, the sentence quoted above would be punctuated, "The witness testified that the weather was "gloomy". That punctuation requires that you think. The advantage of American usage is that the writer doesn't have to think when punctuating with periods or commas.
If you know the American rule about colons and semi-colons you need not decide where to place them. For in this country colons and semi-colons are always placed outside the final quotation marks as, for example, in the sentence, "To be or not to be": begins Hamlet's most famous query."
But when you use either question marks or exclamation marks, Americans follow British usage, so you have to think about where to place them. If the quotation marks are part of the quoted material, put them before the punctuation. If not, they are put outside the punctuation. See, for example, the following statement:
* The prosecutor never asked the question, "Have you ever met the defendant?" Had that question been asked, the answer would have been "No"!
Both the question mark and the exclamation mark are part of the quoted material; thus the quotation marks belong inside them. But if the question is not part of the quoted material, the question mark (and the exclamation mark) would be placed outside the quoted material:
* Did the prosecutor say "The plaintiff never met the defendant"? The answer to that is "No!"
Question (2) is easier to answer: Either "we find" or "the Commission finds" is correct.
The latter choice is more formal.
Q:Please answer this question, which has to do with "aspect." As an answer to my comment, "I asked for his opinion. He declined to give it. Too bad," which of the four answers below is correct?
* (a) I would have liked to know.
* (b) I would like to have known.
* (c) I would have liked to have known.
* (d) I would like to know.
A:They are all correct. The difference in their meanings is caused by grammatical aspect, the name given to meaning made clear by the speaker's relationship or attitude to his statement.
In (a) the writer means that he wishes he had known the speaker's opinion at the time he asked the question. The writer does not say whether he now wishes he had known. In (b) the writer now wishes he had known; whether he would have liked to know when he asked the question is not stated but implied. In (c) the writer would have liked to have known when he asked the question, but the implication is that now the answer is too late to be of any use. And in (d) the straightforward statement says that now he would like to know the answer. Whether he would have liked to know when he asked the question is not stated.
In our verbs our English language has only two tenses, past and present. We manipulate those tenses by using "helper" verbs, and sometimes only by implication. One use of the past tense that we don't think about is in the sentence, "He asked me how old I was." There the past tense expresses present time, assuming that the speaker's age is now the same as when the question was asked. The present tense is often used to indicate future in the sentence, "I go to New York next week," and to indicate repetitive action, in "I go to visit my mother every day." And the progressive tense is used to indicate present action in "I am reading a good book."
My favorite example of aspect is seen in the following two sentences:
* I smoked for 20 years.
* I have smoked for 20 years.
In the first sentence, the speaker does not say he no longer smokes, but implies it by the use of the simple past tense, indicating completed action. In the second sentence, the speaker doesn't admit that he still smokes, but we understand that to be the fact by the connecting word, "have."
In his book, The Mother Tongue (1990) Bill Bryson lists 10 meanings of the verb drive, all determined by two tenses, plus "helper" words to indicate aspect. All in all, aspect, though usually unnoticed, is a fascinating subject, and I thank the reader who sent the question.
Gertrude Block is Lecturer Emerita at the University of Florida College of Law. Her book, "Effective Legal Writing" (Foundation Press), is now available in a 5th edition (1999), with an accompanying instructor's manual. Ms. Block is also co-author of the "Judicial Opinion Writing Manual" (published by the American Bar Association, 1991). Send questions to the ISBA Bar News Language Tips, Illinois State Bar Association, Illinois Bar Center, Springfield, IL 62701, or e-mail her at block@law.ufl.edu.
ISBA President Terrence J. Lavin of Chicago is one of three bar association leaders who will be honored Thursday, Feb. 19, by the Chicago-Kent College of Law during a reception from 5:30 to 7:30 p.m. in the 10th floor event room.
Other presidents to be recognized are Michael Demetrio of the Chicago Bar Association and Associate Judge Elizabeth Budzinski of the Women's Bar Association of Illinois. All three are alumni of the law school.
For reservations and information, call Jennifer Greenberg at (312) 906-5245.
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Chicago attorney Sheila M. Murphy, a retired judge and former member of the ISBA Board of Governors, will receive a Brigid Award on Friday, Feb. 20, from Concern Worldwide U.S., a non-denominational, humanitarian organization that assists the poor in underdeveloped countries.
The sixth annual awards luncheon will take place at the Hyatt Regency Hotel, preceded by a reception and celebrity handbag auction. Call (312) 642-8400.
Anti-Defamation League to honor women March 11
Two Chicago attorneys will received Women of Achievement Awards from the Anti-Defamation League during its 11th annual recognition dinner Thursday, March 11, in the Grand Ballroom of the Chicago Hilton Hotel.
They are Maria N. Saldana, senior vice president and Chicago office manager of the securities firm, Samuel A. Ramirez and Co., and Carrie J. Hightman, president of SBC Illinois (see photo below).
Cynde H. Munzer of Arnstein & Lehr is a co-chair of the event, which will begin at 5:30 p.m. For reservations, call Rebecca Gruenspan at (312) 782-5080.
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Heidi M. Hurd, dean of the University of Illinois College of Law since 2002, will become the David C. Baum Professor of Law during an investiture ceremony at 4 p.m. Wednesday, March 3, in the Max Rowe Auditorium.
Recent award recipients
Aurora attorney Patrick M. Kinnally received a Pro Bono Award from the Kane County Bar Foundation during its annual gala on Jan. 17. He received the ISBA General Practice Section Tradition of Excellence Award last June.
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Vanguard Awards were presented Jan. 29 to Andrea Buford, Judge Ilana D. Rovner of the U.S. Court of Appeals, Cook County Judge Sandra Otaka, and retired Appellate Court justices David Cerda and William Cousins.
Judge Rovner was keynote speaker. The fourth annual luncheon was sponsored by the Asian American Bar, Chicago Bar, Cook County Bar, Hispanic Lawyers, and Lesbian and Gay Bar.
Defense counsel to conduct spring seminar on tactics
The Illinois Association of Defense Trial Counsel will hold its annual Spring Defense Tactics Seminar from 8:15 a.m. to 2:10 p.m. Saturday, Feb. 28, at the Westin Michigan Avenue Hotel, Chicago. Call (800) 232-0169.
After opening remarks by President Jennifer Jerit Johnson of Tressler, Soderstrom, Maloney & Priess, Chicago, the program will continue with "Now You See Them, Now You Don't," a point-counterpoint presentation on the missing employer in amended 735 ILCS 5/2-1117.
A plaintiff's perspective will be given by James D. Montgomery of Chicago, and David B. Mueller of Cassidy & Mueller, Peoria, will speak for the defendant. At 9:15 a.m., Appellate Justice Patrick J. Quinn will discuss "Checkmate Like the Grandmasters: Effective Dispositive Motion Practice."
Other speakers are John H. Ehrlich, assistant Chicago corporation counsel; Larry S. Kowalczyk of Querrey & Harrow; Thomas G. DiCianni of Ancel, Glink, Diamond, Bush, DiCianni & Rolek; Steven C. Fuoco of O'Hagan, Smith & Amundsen; Anthony McMahon of Chubb Insurance, and Robert M. Chemens of Pretzel & Stouffer.
Cook County Judge Cheyrl D. Ingram will speak at 1:30 p.m. on "A Solemn Oath Revisited: Professionalism, Ethical Behavior and Avoiding Rule 137 and 219 Difficulties." IADTC President-elect Stephen J. Heine of Heyl, Royster, Voelker & Allen, Peoria, will provide closing remarks.
Winnebago County Bar
The Winnebago County Bar Association will conduct a seminar from 12 noon to 4 p.m. Wednesday, Feb. 18, at Giovanni's Restaurant in Rockford. The title is "Intellectual Property Pitfalls for Non-IP Attorneys." Call (815) 964-4992.
Presenters are Andrew Heinisch, Jeffery Makeever and Kevin Wingate of Leydig, Voit & Mayer. The target audience includes business and transactional attorneys, in-house corporate counsel and commercial litigators.
From 12 noon to 1:30 p.m. Thursday, Feb. 26, Robert H. Gordon will discuss "Legal Application of Forensic Psychological Tools" in the WCBA office.
Women Journalists
"The Case of Disappearing Protection: What's Left of Reporter's Privilege?" is the title of a presentation of the Association of Women Journalists at 5:45 p.m. Wednesday, Feb. 18, at WLS-TV Channel 7 News, Chicago. Photo identification will be required to enter the building. Call Kelly Kleiman at (773) 728-7238.
The 7th Circuit U.S. Court of Appeals decision last year in McKevitt v. Pallasch will be discussed by Kathleen L. Roach of Sidley, Austin, Brown & Wood; Jack C. Doppelt of the Northwestern University Medill School of Journalism, and Abdon M. Pallasch of the Chicago Sun-Times.
Cook County Bar
Chief Judge Joel M. Flaum of the U.S. Court of Appeals for the 7th Circuit will speak Thursday, Feb. 19, in the Cook County Bar Association lecture series on ethics and professionalism.
Jean P. Gray of the American Bar Association Center for Professional Responsibility will speak Thursday, March 18. The programs take place at 12:30 p.m. in the sixth-floor conference room at 188 W. Randolph, Chicago. Call (312) 368-0213.
Law Bulletin Series
A program on Land Use and Development will be presented by Law Bulletin Publishing Co. from 8 a.m. to 12 noon Friday, Feb. 20, at the Hotel Inter-Continental, Chicago. Call (312) 644-2804.
Speakers are Edward Kus of the City of Chicago; Donna Pugh of Vedder, Price, Kaufman & Kammholz; Scott Borstein of Wildman, Harrold, Allen & Dixon; Peter Friedman of Holland & Knight; Jack Tibbitts of the Village of Oak Park; Fred Feinstein of McDermott, Will & Emery, and David Reifman of Piper Rudnick.
The Law Bulletin series, which began Feb. 10, will continue Monday, March 1, with a program on Electronic Discovery at the University Club of Chicago. Speakers include Judge David H. Coar of U.S. District Court.
Loyola School of Law
A seminar on "The Future of Private Rights of Action in Antitrust" will take place from 9 a.m. to 3 p.m. Friday, Feb. 20, in Loyola University's Rubloff Auditorium, 25 E. Pearson, Chicago. Sponsors are the School of Law and the Institute for Consumer Antitrust Studies.
Speakers include Richard M. Steuer of Mayer, Brown, Rowe & Maw, and Douglas Rosenthal of Sonnenschein, Nath & Rosenthal. The keynote luncheon address will be given by Donald I. Baker, former head of the U.S. Department of Justice Antitrust Division.
Peoria County Bar
The Peoria County Bar Association's 28th annual legal education seminar series will conclude Saturday morning, Feb. 21, with a civil practice program at Packard Plaza. Chairs are John P. Nicoara and Associate Judge Jerelyn D. Maher.
Chicago Volunteer Legal
Lawrence R. Krupp, an attorney and certified public accountant with American Express Tax and Business Services will speak to Chicago Volunteer Legal Services Foundation attorneys at 12:15 p.m. Tuesday, Feb. 24, about preparation of 2003 income tax forms.
Decalogue Society
Titles and speakers for upcoming programs in the Decalogue Society legal education series follow. They are held at 12:30 p.m. Wednesdays in the third-floor conference room at 39 S. LaSalle, Chicago. Call (312) 263-6493.
Feb. 25 Annual Income Tax Update, with Lawrence R. Krupp of American Express Tax and Business Services; March 3 Leasing to Law Firms, with Edward A. Chupack of Equity Office Properties Trust; March 17 Can You Beat City Hall? with Sharon L. Eiseman of Hodges, Loizzi, Eisenhammer, Rodick & Kohn.
John Marshall Law
The John Marshall Law School Center for Intellectual Property Law will hold its 48th annual Conference on Developments in Intellectual Property Law from 9 a.m. to 5 p.m. Friday, Feb. 27. Call Michele Bridges, (312) 427-2737, ext. 581.
The Center for Information Technology will present a lecture on technological literacy by Aliza Sherman from 5 to 8 p.m. Wednesday, March 3. Call Pam Potter, (312) 987-1419.