Many times you need only one or two files, and for this there is the flash memory drive. These units, unlike hard drives, have no moving parts and they store data in flash memory.
Many of today's MP3 music players utilize flash memory. In 2003, Flash MP3 players controlled 62 percent of the music player market and iPods 31 percent. After the iPod Mini hit the market in 2004, Flash MP3 players were reduced to a 29 percent market share. The iPods jumped to 65 percent of the market, with the remaining 6 percent to iPod wannabes.
In January, Apple introduced the iPod Shuffle. These small, flash memory iPods weigh less than an ounce and are about the size of a pack of gum. The Shuffle plugs into your computer, using the USB port. A 512 MB Shuffle is $99, and a 1 gig costs $149.
Considering that data flash memory drives cost between $30 for 512 MB to $95 for a 1 gig jump drive, the extra cost of getting a Shuffle is a good deal. Just like their big brothers, the iPod Shuffles can be used to move data between computers.
If you need the entire 512 MB or 1 gig for data storage, it is no problem. Once you have finished transferring the data from your Shuffle, just re-sync with iTunes and replace your law stuff with your music.
One more thing, in case I still have not convinced you the iPod can be considered as an ordinary and necessary business expense, and therefore tax-deductible. If during your audit the IRS agent questions the deductibility of your iPod, remind him that his boss, George W., has an iPod.
Meanwhile, you are plugging your Griffin Technologies' iTalk Voice Recorder into the top of your iPod and dictating a memo to your accountant to appeal the disallowance. Don't take my word for it; check with your tax adviser.
* * *
David Yavitz, a partner in the Chicago matrimonial law firm of Yavitz & Levey, is a past chair of the ISBA Committee on Legal Technology.
Q:Which form is correct, "If the Petitioner was required to respond ...." or "If the Petitioner were required to respond ...."?
A:My thanks to Attorney Dion Davi, who submitted this question. He wrote that he had recently been told that there is a rule about the choice of was versus were in these contexts, and he asks whether there is such a rule, and if so, which of the illustrations he submitted is correct.
Yes, there is a rule and it applies to the subjunctive mood. In English there are three moods: the indicative, which applies to language involving facts or questions; the imperative, which expresses command or request; and the subjunctive, which expresses conditions contrary to fact, doubt, or improbability.
In the context, "If the petitioner was required to respond,"in which the past tense is used, if, in fact, the petitioner had been required to respond, the statement would express a fact, not a doubt, and the indicative verb was (past tense of be) would be correct. However, if it is not known whether the petitioner had been required to respond (the statement expressing doubt) or if, in fact, the petitioner had been unable to respond (expressing a condition contrary to fact), the subjunctive mood of the verb (be) would be correct: If the Petitioner were required to respond. . . ."
Language prefaced by I wish, or if, or as if signals improbable or impossible situations. Statements like, "I wish it were true," (but it isn't); or "He acts as if he were the CEO of this company"(he isn't) are illustrations of contexts requiring the subjunctive mood of the verb be. But because was changes to were only in the first and third persons singular (in the second person singular and in all plural forms, were is used in both indicative and subjunctive mood), people ignore the subjunctive mood and instead use the indicative throughout.
One more word about the subjunctive mood. After verbs expressing demand, command, or necessity, use the subjunctive mood: "I demand that my client receive equal time." "It is necessary that all buyers be notified." (In both sentences, the present tense verb be is in the subjunctive mood; the present tense indicative would have been are).
But the English language, like some corporations, is being "downsized." In language, that process is called "leveling." So distinctions between the predicate and the subjunctive moods are often ignored. That seems a pity, since the distinction indicates the difference between "what is" and "what is not" (but may be desired). However knowing that there is a distinction and using it gives you an advantage in both clarity and persuasiveness.
Q:Have you noticed that radio and television commercials seem to be increasingly full of grammatical errors, many involving noun/pronoun agreement?
A: Wheaton, Illinois attorney Dick Bales called attention to a number of these grammatical errors, which other readers have no doubt also noticed. For those who have not, Mr. Bales sent numerous illustrations, gleaned "for quite some time," listening to his car radio while driving to work. He carries a notebook to jot them down, and has become so addicted to collecting examples that his wife suggested that he "get a life."
Once you notice tortured syntax, it is hard to screen it out. Unfortunately, the writers of television and radio commercials do not possess Mr. Bales' finely-tuned ear. They blithely continue to commit errors like using plural verbs with singular nouns, probably to avoid either the sinister "sexist" he or the grammatical, but wordy, he or she.
Either they don't know or don't care about ways to avoid ungrammatical or wordy statements. (Recall the old saw: "Question: 'Do you realize that most of the problems in the world are due to ignorance or apathy?' Answer, 'I don't know and I don't care.'")
Below are listed a few of the quotations Mr. Bales objects to:
* (From a UPS commercial) "The customer gets an automatic e-mail telling them when their package has arrived."
* (From an ad of a car dealership) "Our grandfather taught us that if you treat the customer right, they'll treat you right."
* (From ad by a charitable foundation) "Purple Heart makes a difference. Call them today."
* Contact Acme Tires by visiting their web site at ACME.com.
In the first two commercials, the corporate sponsor wants to appear to be addressing each "customer" individually, hence the singular noun. But in the referential pronoun, the intent is to show that the service will extend to all customers; hence, the plural pronoun (them, they). By making the noun "customer" plural, both incorrect grammar and wordiness can be avoided. In the third sentence, omitting the pronoun "them" will avoid the problem of a singular collective noun with a plural referent. In the fourth sentence avoid the plural "their" by changing the statement to "by contacting the ACME. com. web site"
Usually, only a small change in language can avoid grammatical errors.
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.
NIU Law Review symposium covers custody issues
The Northern Illinois University College of Law will present its 14th annual Law Review Symposium, "Current Issues in Child Custody Law," from 9:15 a.m. to 3:15 p.m. Thursday, March 24, in the Holmes Student Center, DeKalb.
Dean LeRoy Pernell will begin the program and introduce Adele Morrison, commentator for 9:30 presentations by Wisconsin Law Prof. Marygold Melli on principles of shared parenting, and New England Law Prof. Judith Greenberg on the danger of joint custody presumptions.
At 10:45 a.m., Steven Peskind of Geneva, a member of the ISBA Family Law Section Council, will speak on alternatives to the best-interest standard. Melanie Jacobs of Michigan State will discuss parental rights for lesbian mothers.
Associate Judge Kathleen O. Kauffmann of the 15th Circuit, a former prosecutor, will give the keynote luncheon speech, "Anatomy of a Child Custody Case."
Panelists for a 1:30 p.m. discussion on resolving relocation cases are Joseph DuCanto of Chicago, Gunnar Gitlin of Woodstock, 16th Circuit Associate Judge Stephen Sullivan, Susan Tatnall of Geneva, and Peskind.
A reception will follow in the law school's Thurgood Marshall Gallery. Call (815) 753-0277.
Attorneys' Title
Attorneys' Title Guaranty Fund will conduct an educational program, "The Commitment: Common Exceptions and How to Clear Them," from 9 to 10:30 a.m. Thursday, March 24, at the Marriott Hotel, Oak Brook. There is no charge for ATG members. Call (800) 252-5206, ext. 2130.
ATG Trust Co., a subsidiary, plans a series of free programs on "Structured Transactions: Tax Deferral Techniques Every Lawyer Should Know," from 9 a.m. to 12 noon on the following schedule:
Wednesday, April 6, Marriott Hotel, Oak Brook; Tuesday, April 12, Holiday Inn, Rolling Meadows, and Wednesday, April 20, Holiday Inn, Collinsville.
Cook County Bar
Zaldwaynaka L. Scott, inspector general for the Illinois governor, will speak at 12:30 p.m. Thursday, March 24, during the Cook County Bar Association Lecture Series on Ethics and Professionalism in the sixth floor conference room at 188 W. Randolph.
Kimball R. Anderson of Winston & Strawn will speak Thursday, April 28. Call (312) 386-0213.
Peoria County Bar
Topics follow for free Peoria County Bar Association brown-bag luncheon seminars on Wednesdays at the association office, 411 Hamilton Blvd.: March 30, Defending DUIs; April 6, Collection of a Judgment. Call (309) 674-6049.
ABA TechShow 2005
The American Bar Association Section of Law Practice Management will conduct its annual TechShow, a legal technology conference and expo, from Thursday through Saturday, March 31-April 2, in the Sheraton Chicago Hotel. Register at www.techshow.com.
Features include 12 educational tracks with technology applications in family law, general practice, litigation and malpractice prevention; a TechShow training institute, and interest group roundtable discussions.
Adrienne Albrecht, past chair of the ISBA Committee on Legal Technology, and committee member David Yavitz will give a Family Lawyer Software Roundup at 10:30 a.m. Thursday. Albrecht, who also serves on the Family Law Section Council, will speak at 1 p.m. Thursday on Getting and Using Electronic Information in Family Law.
Chicago-Kent College
Sara E. Rix, senior policy advisor for the AARP Public Policy Institute, will deliver the 27th annual Kenneth E. Piper Lecture on Law and the Workplace at the Chicago-Kent College of Law at 11:30 a.m. Tuesday, April 5. Call (312) 906-5090.
Her topic is "The Aging of the American Workforce." Commentary will be provided by David D. Kadue of Seyfarth Shaw, Los Angeles, and Shaun O'Brien, assistant director of the AFL-CIO Public Policy Department.
Law Bulletin Publishing
A luncheon seminar on "Buying Foreclosures" will be conducted Tuesday, April 5, by the Law Bulletin Publishing Co. The speaker is Bruce Heller of Coldwell Banker Commercial. Call (312) 644-4602 for details.
Decalogue Society
The Decalogue Society conducts twice-monthly seminars at 12:30 p.m. Wednesday in its offices in suite 410, 39 S. LaSalle St. Call (312) 263-6493 for a schedule. Future programs include:
April 6 - Practical Approach to Handling Domestic Relations Cases, with Judge Gerald Bender; April 20 - From the Technion to Mars (with a short trip to Hollywood), with McKnight University Prof. Guillermo Sapro.
Commercial Law League
The Midwest Region of the Commercial Law League of America will conduct its 75th anniversary meeting from Thursday to Sunday, April 7-10, at the Westin Michigan Avenue Hotel, Chicago. Call (312) 781-2000.
The Diamond Jubilee program includes a joint bankruptcy symposium with the DePaul University College of Law on Thursday, and educational sessions Friday, Saturday and Sunday. Past regional chairs will be honored during the annual banquet Saturday night.
Illinois CLE Institute
Illinois Institute for Continuing Legal Education will conduct its fourth annual Family Law Conference on Thursday, April 7, at the UBS Tower Conference Center, Chicago, and Thursday, April 21, at the Holiday Inn, Urbana. Call (800) 252-8062 to register.
Speakers include Tanya J. Stanish of Jenner & Block, Chicago, a member of the ISBA Family Law Section Council, and ISBA Assembly member Christopher S. Haaff of Gitlin, Haaff & Kasper, Woodstock, a member of the Young Lawyers Division Council and the Task Force on the Unauthorized Practice of Law.
* * *
Appellate Justice Warren D. Wolfson of Chicago, president of the Illinois Lawyers' Assistance Program, and former Illinois prosecutor and author Thomas A. Mauet are the faculty for IICLE's Trial Evidence 2005 seminar, "Artistry and Advocacy in the Courtroom."
It will take place Wednesday, April 13, in the Thorne Auditorium of the Northwestern University School of Law, Chicago, and Thursday, April 14, at the Radisson Hotel, Bloomington.
* * *
ISBA Assembly member Steven B. Bashaw of Oakbrook Terrace is moderator of IICLE's Mortgage Foreclosure 2005 Overview and Update programs on Wednesday, April 13 at the Crowne Plaza Hotel, Springfield, and Wednesday, April 20, at the UBS Tower Conference Center, Chicago.
Bashaw, a member of the Committee on the Attorney Registration and Disciplinary Commission and a past chair of the Real Estate Law Section Council, also will participate in four sessions, along with Gregory J. Moody of Burr Ridge, a member of the Real Estate Law Section Council.
Illinois Trial Lawyers
Future Illinois Trial Lawyers Association seminars at the DoubleTree Suites in Chicago are scheduled Saturdays, April 9 and May 7. The May program will be an Advocacy Showcase. Call (800) 252-8501.
DePaul College of Law
The DePaul University College of Law Center for Intellectual Property and Information Technology (CIPLIT) will conduct its sixth annual symposium, "Intellectual Property Licensing by the Dominant Firm: Issues and Problems," from 8:30 a.m. to 6 p.m. Friday, April 15, at the University Club of Chicago.
Judge Frank H. Easterbrook of the U.S. Court of Appeals for the 7th Circuit will deliver the 2005 Niro, Scavone, Haller & Niro Distinguished Lecture during the 12:45 p.m. luncheon
Two academic panels and one practitioner panel are planned during the symposium on antitrust risks posed by differing and conflicting decisions from regulators and courts around the world. For additional information and registration details, call Vadim Shifrin at (312) 362-8415.