Knowing which verb tense to
use when discussing the law, precedent cases, or client facts can be confusing
at first. But as in other writing, use the present tense to describe facts or
rules that exist now and the past tense for facts or events that have already
happened.
Use the present tense to discuss the rule of law.
· A significant
change in employment status constitutes an adverse employment action under Title
VII. (rule of law exists in the present)
Use the past tense to discuss the facts of a precedent
case and the court’s holding or reasoning.
· In Sanchez,
the school district transferred a teacher from one school to another, but her
title, salary, benefits, duties, and responsibilities remained the same. (the transfer
occurred in the past)
· The court held
that her transfer did not constitute an adverse employment action. (court decided case in the past)
· The court
reasoned that because she had the same job title, salary, benefits, duties, and
responsibilities, her transfer was a mere lateral transfer rather than an
adverse employment action. (court
reasoned in the past)
Use the past tense for client facts that have already happened,
but use the present tense for client facts that exist in the present.
· Mr. Smith worked
in the branch office, where he represented adult clients in high-profile
criminal cases. (Ms. Smith did these things in the past)
· The company’s
client list contains names, addresses, and phone numbers for all corporate
clients. (list exists in the present)
For more information, see Anne Enquist & Laurel Currie
Oates, Just Writing 178-82 (3d ed. 2009) and Laurel Currie Oates &
Anne Enquist, The Legal Writing Handbook 620-23 (5th ed. 2010).
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