Invited law faculty include Joseph P. Bauer of Notre Dame, Michael A. Carrier of Rutgers, Harry First of New York University, Mark Lemley of Stanford, Michael Meurer of Boston University and Jerome H. Reichman of Duke. Others are Peter Armitage of Black Dawson Waldron in Sydney, Australia, and Paul Collins of Stikeman Elliott in Toronto, Canada.
For additional information and registration details, call Vadim Shifrin at (312) 362-8415 or access www.law.depaul.edu/ip-antitrust05. The fee to attend the symposium will increase after March 1.
Q: How do you punctuate the following statement: "They take care of each others needs."?
A:The person who wrote said that a teacher had asked him the question, and he is "pretty sure" of his answer, but would like it corroborated. I agree with his choice, "They take care of each other's needs." The reason that seems appropriate is that a paraphrase of the statement, using the periphrastic possessive, would be, "Each person takes care of the needs of the other person." The word each seems to indicate that the other is a single person.
In this locution, the short form (apostrophe -s) of the possessive causes no problem in communication. But in his book, The Gregg Reference Manual, Eighth Edition, William A. Sabin cautions against using the apostrophe-s form of the possessive in constructions like, "You must negotiate the purchase price of the horse with wife of the owner." The difficulty with the short form is evident: "You must negotiate the purchase price with the owner of the horse's wife." (At p. 157)
Q:I dislike the excessive use of entitled in locutions when referring to the name of a book or a movie, when titled would be appropriate. When I wrote an editor of a magazine who uses entitled instead, the editor dismissed my criticism. Please comment.
A:I have not noticed the excessive use of entitled as an unnecessarily pretentious substitute for titled, but other readers have also criticized it, so it must be common.
The word entitled means "given a title." The word titled means the same thing. So, because briefer is generally better, the choice of titled would be preferable in that context. The word titled can also indicate a rank, relationship, or an office. You would say (if you were apt to discuss the subject) "a titled noble," not an "entitled noble."
On the other hand entitled is the preferable choice when you mean "qualified for" as in, "One is entitled to certain benefits at age sixty-five." So the words are distinguishable.
Q:Where should I place (herein after, "Bob's") in relation to the commas in the following sentence? The sentence is,"Bob's Healthy Sandwiches, Inc., (herein after, "Bob's") is an Illinois corporation with its principal place of business in AnyCity, Illinois, within Superior County."
A:My thanks to St. Louis attorney Patrick Deaton for this question. Currently commas are not used as frequently as they used to be; nor is any punctuation within sentences strewn so liberally. So, although conservative writers may disagree, I would prefer that hereinafter be deleted, along with the comma following Inc.. The result would be, "Bob's Healthy Sandwiches, Inc. ("Bob's") is an Illinois corporation with its principal place of business in Metropolis, Illinois, within Superior County."
It is true that commas usually are placed around Inc. But when parentheses follow, the comma after Inc. is replaced by the initial parenthesis. Regarding the deletion of hereinafter, the idea of after this is clear without the word hereinafter.
In The Language of the Law, David Mellinkoff has this to say about lawyers' "passionate adherence" to Old English adverbs, which he characterizes as here- words, "led by the fertile herein, which has since lent itself to the manufacture of hereinbefore, hereinabove, and hereinafter." He disapproves also of the there- words: thereof, thereunder, thereupon, and therefor. (See p. 56.)
Recently, a reader asked whether therefor and therefore were synonyms. She wrote that in a motion, lawyers often state, "as grounds therefore." The correct form is as grounds therefor. The adverb therefor, used almost exclusively in legal documents, means "for that, for this, or for it," and is listed with that meaning in Webster's New International Dictionary (1993). However, The American Heritage Dictionary labels it "archaic," and legal dictionaries like Statsky's and Ballentine's do not list therefor at all.
Florida Statutes Annotated § 672.2-316(5) provides an illustration:
* The procurement, processing, storage, distribution, or use of whole blood plasma, blood products, and blood derivatives ...does not constitute a sale, whether or not any consideration is given therefor ... .
The other member of that troubling twosome, therefore, is commonly used in both lay and legal English, with the meanings of "for that reason, consequently, and hence." Because others may not understand your use of therefor, it seems sensible to use the longer phrase, "for that reason."
FROM THE MAILBAG:
My thanks to Attorney Marc Christopher Loro, who has reminded me that, when I first responded to the question of the propriety of whether or not (back in 1993), he had asked whether the substitution of regardless of whether would be appropriate. The answer was then and still is yes. That substitution would eliminate the possibility of too many or nots.
Gertrude Block is Lecturer Emerita at the University of Florida College of Law. Her book ,"Legal Writing Advice: Questions and Answers" (William S. Hein & Co., Inc.) was published in December 2004. Ms. Block is also author of "Effective Legal Writing", 5th Edition (Foundation Press), with an accompanying instructor's manual. She is 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.
Evans & Dixon has promoted three lawyers to partners in its workers' compensation practice in St. Louis. They are Marylou Calzaretta, Jeffrey M. Proske and David J. Reynolds Jr., who are licensed to practice in both Illinois and Missouri.
Jordan B. Cherrick has joined Greensfelder, Hemker & Gale, Swansea and St. Louis, as an officer. He heads the apprllate practice subgroup of the Litigation Practice Group and is licensed in both Illinois and Missouri.
James K. Toohey has joined Johnson & Bell, Chicago, as an equity shareholder. A former partner in McGuireWoods, he concentrates in product liability and mass tort litigation.
Frederick H. Branding has joined the Chicago office of McGuireWoods as a partner in the Health Care Department. A former partner in Bell, Boyd & Lloyd, he was chief of the Civil Division of the U.S. Attorney's Office for the Northern District of Illinois. The firm has elected Spencer R. Wood of Chicago as a partner in the Complex Litigation Department.
James W. Dieker of Champaign has joined Attorneys' Title Guaranty Fund as an attorney-underwriter. He was with Lawrence E. Johnson and Associates.
The Chicago office of Bell, Boyd & Lloyd has added five associates: Lisa A. Carroll, intellectual property litigation; Pawel Chudzicki, Central European corporate transactions; Lawrence A, Eiben, real estate and construction contracts; Thor W. Ketzback, environmental law, and Kimberly H. Novotny, corporate regulatory and securities law.
Burroughs, Hepler, Broom, MacDonald, Hebrank & True, Edwardsville, has added four associates: Thomas P. Briddick and Matthew Potter in toxic tort defense litigation, Olga G. Camp in nursing home defense litigation, and Michael P. Murphy in civil defense litigation.
Seven attorneys recently joined Childress Duffy Goldblatt, Chicago, in commercial and insurance litigation, toxic torts, product liability, corporate and personal wealth matters. Thomas H. Cafcas Jr. and William Mosconi are of counsel. The others are Beth Boghossian, Kevin S. Horwitz, Peter L. Currie, Ryan A. Haas and Alexis M. Reed.
Timothy S. Tomasik has been named a partner in the Clifford Law Offices, Chicago, after six years as an associate.
Danielle LaChance-Yates of Centralia has joined the Coffey Law Firm in Edwardsville. The administrative hearing officer for Collinsville, she has been an assistant city attorney for Edwardsville and Highland.
The Burr Ridge firm of Goldstine, Skrodzki, Russian, Nemec & Hoff has added Gregory L. Dose, formerly with FagelHaber, as a partner in land use and real estate development. William M. Brennan, from Rock, Fusco & Garvey, is an associate in commercial and residential real estate.
Robert M. Konop, former vice president and associate general counsel of the CUNA Mutual Group in Wisconsin, has joined the Chicago office of Hinshaw & Culbertson as a partner in business litigation and fidelity insurance law.
New associates in the Chicago office of Hinshaw & Culbertson include Karen M. Eiche, formerly with a San Diego firm, in construction, fidelity and surety law; Steven M. Klaczynski, from Clausen Miller, in medical malpractice and municipal liability; Jennifer R. Riccolo, in professional liability litigation; Joseph E. Rubas, in construction and medical malpractice, and Diane E. Webster, in medical malpractice and municipal liability.
Chad A. Jennings, former assistant St. Clair County state's attorney, has joined the Belleville office of Hinshaw & Culbertson as an associate in defense litigation. Matthew F. Logan, from Veverka, Rosen & Haugh, practices commercial litigation in the Crystal Lake office. Erik W. Lindberg joined the Rockford office in business transactions and commercial litigation.
Naomi R. Angel has been named a partner in the Chicago office of Howe & Hutton in representation of national and international trade associations.
William J. Strons of Huck Bouma, Wheaton, has been elected a shareholder in the firm. He is outside counsel to several commercial firms in mergers and acquisitions, taxation and wealth succession planning.
The Chicago firm of Levin Ginsburg has added associates Josh S. Kaplan in commercial litigation and transactions and Mark A. Meister in corporate law.
Mahoney, Silverman & Cross, Joliet has added Justin M. Fredin and Angela E. Hart as members of the firm.
McAndrews, Held & Malloy, Chicago, has added six associates: Christopher J. Buchko, a registered patent attorney who has a doctorate in materials science and engineering; Jeremy N. Gayed, and previous summer associates Andrew B. Karp, Paul W. McAndrews, Laura M. Personick and Jonathan Rushman.
New associates in McGuireWoods' Chicago office are Peter Brigida, formerly with Peoples Energy Corp. and Wildman, Harrold, Allen & Dixon; Gary Y. Leung, from Lord, Bissell & Brook, and Anne M. Peterson, from Latham & Watkins.
New associates at Querrey & Harrow, Chicago, are Emily Bardelas, Mason Budelier, Megan Byrnes, Kevin Casey, Omar Fayez, Jennifer Gross, John Halstead, Eileen Madda, Nahrin Sapper Marino, Angelique Palmer, Mickolas Pappas, Ryan Rodman, Jennifer Scarlett, Joseph Vito and Kevin Yusman.
Rathbun, Cservenyak & Kozol, Joliet, has added Lawrence M. Kaschak as an associate in litigation and appeals. In addition to previous practice with two LaSalle County firms, Kaschak was a staff attorney with the State's Attorneys Appellate Prosecutor Office in Ottawa.
Former Illinois attorney general and DuPage County state's attorney Jim Ryan joined the Naperville firm of Ryan & Kavvadias on Jan. 1 as of counsel in select criminal cases and governmental relations matters.
Sandberg, Phoenix & von Gontard has added Reona Daly to its Southern Illinois office as an associate. A former assistant Illinois attorney general in Carbondale, she concentrates in health law and medical malpractice defense.
Eric L. Schulman, Mario R. Ventrelli and Meighan A. Harmon are new partners at Schiller, DuCanto & Fleck, Chicago. New associates are Neal A. Simon, Jason N. Sposeep and Stewart J. Auslander.
Paul R. Simons, formerly of Naperville, has joined Sinar, Keldermans, Miller & Friedman, Chicago, as a partner in employee benefits, financial services and real estate.
New associates at Stellato & Schwartz, Chicago, include Terrence N. Tamilow, formerly with Gunty & McCarthy, and Bruce S. Ogron, formerly of Nyhan, Pfister, Bambrick, Kinzie & Lowry.
Former assistant Winnebago County state's attorney Jose Antonio "Tony" Renteria has joined Weisz, Botto & Gilbert, Woodstock. A former felony prosecutor, he will practice in personal injury, wormers' compensation and criminal defense.
Brendan A. Maher has been elected a partner in the Trial Practice Group of Williams & McCarthy, Rockford, after seven years as an associate. He is treasurer of the Winnebago County Bar Association and chair of the County Zoning Board of Appeals.
Lawyer-priest Jerome Listecki named bishop
Rev. Jerome E. Listecki, a Catholic priest and graduate of the DePaul University College of Law, has been appointed bishop of the LaCrosse, Wis., diocese, serving 19 counties and 164 parishes in the western part of the state.
A member of the Illinois State Bar Association and Chicago Bar Association, Listecki had been auxiliary bishop of the Chicago Archdiocese since 2000. His vicariate included some of the north and west suburbs.
He has chaired the Committee on Pastoral Practices of the U.S. Conference of Catholic Bishops, and served on the Canon Law Society and the Archdiocesan Medical Ethics Board. An Army Reserve chaplain, he is a retired lieutenant colonel.
Listecki was a professor of moral theology and canon law at St. Mary of the Lake Seminary, where he earned three advance degrees.
Black History Month celebrated
Tours of the Richard J. Daley Center in Chicago are being conducted by the Cook County Circuit Court during February in recognition of Black History Month.
Co-sponsors of the tours are the Black Women Lawyers Association of Greater Chicago, the Cook County Bar Association and the Illinois Judicial Council.
Dates of the tours, which begin at 10 a.m. in the west lobby, are Feb. 14 through 18 and Feb. 22 through 25. For more information, call Melanie Wheeler, (312) 603-3587, or access www.cookcountycourt.gov.
The Illinois Humanities Council will present a Black History Month roundtable discussion, "Asian-American and Latino Perspectives on Integration," at 6:30 p.m. Thursday, Feb. 17, in the Newberry Library, Chicago.
The free program is part of the council's yearlong series, "Brown v. Board 50 Years Later: Conversations on Integration, Race and the Courts." Call (312) 422-5580.