Презентація з лекції Ольги Лук'янової ((керівника юридичного відділу, офіцера з дотримання корпоративних стандартів та політик Henkel Ukraine) у Правничій школі ЕВА-Астерс 6 червня 2017 року.

1. Memo Writing Art as a strategic communication
instrument for lawyers
Olga Lukyanova, Head of Law department & Compliance officer
Henkel Ukraine
EBA-Asters Legal School, Kyiv
June 6, 2017

2. 2
Memo writing art as strategic
communication instrument for lawyers…
June 8, 2017Memo writing art
…and for EVERYBODY!

3. 3
Видео 1
June 8, 2017Title of the Presentation

4. 4
• Complaints
• Requests
• Recommendations
• Research summaries
• Meeting summaries
• Status reports
• Assessments
• Issue sheets
• Challenges
• Letters
What kind of memos do we write
June 8, 2017Memo writing art

5. 5
• To stimulate action: approval, plan implementation
• To communicate: inform, summarize, answer questions
• To clarify thinking: select ideas, structure ideas
• To gather data
• To get exposure
• To help taking fast decisions
Why do we write memos
June 8, 2017Memo writing art

6. 6
All of us conduct written communication,
which ALWAYS have
LEGAL CONCEQUENCES
June 8, 2017Memo writing art

7. 7
1. Preparation: Thinking stage
2. Plan outline: Structuring stage
3. Writing: Communication stage
4. Re-reading: Control stage
How to Write a Good Memo
4 Stages of Memo Writing
June 8, 2017Memo writing art

8. 8
PUT YOURSELF
IN THE READER’S SHOES!
June 8, 2017Memo writnig art

9. 9
1. Key pre-requisite:
• Put yourself in the reader’s shoes
• Have a clear idea of what you’ll say before
writing (objective/decision to be taken)
• Take time
Memo Writing Stages
Preparation – Thinking Stage
June 8, 2017Memo writing art

10. 10
2. Key steps:
A. Determine who is the reader:
• Who is he initially and ultimately?
• Where is he coming from?
• What does he know?
B. Determine what do you expect from the reader:
• Agreement
• Action
• Information
Memo Writing Stages
Preparation – Thinking Stage
June 8, 2017Memo writing art

11. 11
C. Determine the key factors, which reader must consider for
his decision/action:
• Context
• Supporting data (financial, market, consumers…)
• Alternative options
• Risks/Issues
• Potential objections
Memo Writing Stages
Preparation – Thinking Stage
June 8, 2017Memo writing art

12. 12
D. Select the most important/convincing data and prioritize them
E. Gather all the data that will convince the reader:
• Inductive reasoning (from specific to general)
• Deductive reasoning (from general to specific)
• Cause and effect relationships (direct and logical link)
• Analogies
• Former good memos on similar subjects
Memo Writing Stages
Preparation – Thinking Stage
June 8, 2017Memo writing art

13. 13
1. Open paragraph
• Clear. Focus on one key choice
• “What” not “How”. Focus on “What” to do and not “How” to do this
• Brief. Minimum words
• Targeted. It is written to a specific target audience
• Why. Reflect a point of view and provide perspective
Memo Writing Stages
Plan Outline – Structuration Stage
June 8, 2017Memo writing art

14. 14
2. Background
• Put the memo in perspective
• State pertinent data, yet not too many details
3. Conclusion or plan
• Summarize the key learning (overview, key figures)
• Describe the operation (detailed plan if needed)
Memo Writing Stages
Plan Outline – Structuration Stage
June 8, 2017Memo writing art

15. 15
4. Discussion
• Basis for recommendation/rationale (risks/alternative)
• Summary/analysis: key findings
5. Next steps
• What must now be done?
• When?
• By whom?
Memo Writing Stages
Plan Outline – Structuration Stage
June 8, 2017Memo writing art

16. 16
6. Others
• Writer and reader’s names
• Date
• Conclusive title that speaks for itself
• Distribution list
• Header with the company/department originator
Memo Writing Stages
Plan Outline – Structuration Stage
June 8, 2017Memo writing art

17. 17
Видео 2
June 8, 2017Title of the Presentation

18. 18
1. Key principles:
• Clear and simple: write as you talk
 How would I say this across the table?
 What am I trying to say?
• Complete / yet concise
• Accurate: Facts & Spelling
• Persuasive: a memo is a selling device
• Inviting to read: Wording & Editing
Memo Writing Stages
Writing – Communication Stage
June 8, 2017Memo writing art

19. 19
2. Key tips:
• WORDS:
Familiar vs. unfamiliar: “help” vs. “facilitate”
Commonly understood vs. technical jargon: “eliminated dust” vs.
“imparts antistatic properties”
Short over long: “city” vs. “municipal”
Precise over vague: “17 out of 20 stores” vs. “many stores”
Avoid doublings: “role” vs. “function and role”
Don’t compose too many nouns together: “allowances for high-cost
areas” vs. “high-cost area allowance”
Avoid sensational or suggestive words: “attack, beat, blitz, blast,
dominate, signal…”
Memo Writing Stages
Writing – Communication Stage
June 8, 2017Memo writing art

20. 20
• SENTENCES:
 No more than 15-20 words
 One thought per sentence and one sentence per thought
 Be straightforward
 General first, details afterwards
 Avoid parenthesis
 Use conjunctions/transitional phrases to ensure smooth reading (however,
furthermore…)
 Active over passive
 Don’t turn verbs into nouns (this recommends adopting vs. the adoption of…)
 Personalized (I think that… vs. one wonders if…)
 Scrap parasite words (when looking at…)
 Talk each point only once. Write as you talk
Memo Writing Stages
Writing – Communication Stage
June 8, 2017Memo writing art

21. 21
5. Editing:
• Whenever possible, make it one page
• Make paragraphs
• Use titles
• Use tables
• Use underlining, margins, white spaces
• Check for typos
• Use exhibits for non-essential information
6. Exhibits:
• For extensive supporting data
• Label clearly, completely and carefully
• Stand for themselves
Memo Writing Stages
Writing – Communication Stage
June 8, 2017Memo writing art

22. 22
? Is the big idea (i.e. what I want to obtain) obvious from
the beginning?
? Is the memo easy to read / to understand?
? Can we suppress words / paragraphs?
? Is it persuasive?
? Is it correct?
? Is the information in some logical sequence?
Memo Writing Stages
Re-reading – Control Stage
June 8, 2017Memo writing art

23. 23June 8, 2017Memo writing art
IF THE ANSWER TO ONE OF THOSE
QUESTIONS IS NO, REWRITE THE MEMO!

24. 24June 8, 2017Memo writing art
NEVER FORWARD A MEMO
WHICH YOU ARE NOT 100 % HAPPY WITH!

25. 25
Conclusion
Your Memo Should Be
June 8, 2017Memo writing art
CONCISE

26. 26
Your Memo Should Be
June 8, 2017Memo writing art
Conclusion
TARGETED
 Who is the reader?
 What do you expect from him?
 Why should he say yes?
 How can he react to your points?
 What objections could he come up with?

27. 27
Conclusion
June 8, 2017Memo writing art
Your Memo Should Be
ORGANIZED
 Does the structure reflect a clear thinking?
 Do you have a clear editing (paragraphs, titles,
logical flow)?

28. 28
Conclusion
Your Memo Should Be
June 8, 2017Memo writing art
FACTUAL
 What are the key facts that will persuade the reader?
 Are they relevant and persuasive?
 Are there issues or alternatives?

29. 29
Conclusion
Your Memo Should Be
June 8, 2017Memo writing art
CONCISE  Are you straightforward and clear?

30. 30June 8, 2017Memo writing art
Six Golden Rules
for Memo Writing

31. 31June 8, 2017Memo writing art
Six Golden Rules
for Memo Writing

32. 32
Everything you write may become a public document in
some future dispute with another party. Ask yourself: “If
this were made public on the front page of The New York
Times, would it be clear to the world what I am talking
about? And would it be absolutely clear that I am acting
ethically and responsibly?”
Rule # 1
“New York Times” Rule
June 8, 2017Memo writing art

33. 33
Everything you write may become a public document in
some future dispute with another party. Ask yourself: “If
this were made public on the front page of The New York
Times, would it be clear to the world what I am talking
about? And would it be absolutely clear that I am acting
ethically and responsibly?”
Rule # 1
“New York Times” Rule
June 8, 2017Memo writing art

34. 34
Rule # 2
Focus on Facts
June 8, 2017Memo writing art
Documents which focus on the facts are hard to
misconstrue.
If what we believed were facts turn out to be wrong,
we can explain why we believed them at the time and why
we see them differently now.
Documents, which venture into opinion or speculation are more
susceptible to misinterpretation or distortion and are harder to explain if they
are wrong. If you do speculate: separate the facts from your opinion; state
this is your opinion or judgment, or that you are speculating, and be sensitive
to all implications of what you're saying.

35. 35
Rule # 2
Focus on Facts
June 8, 2017Memo writing art
Documents which focus on the facts are hard to
misconstrue.
If what we believed were facts turn out to be wrong,
we can explain why we believed them at the time and why
we see them differently now.
Documents, which venture into opinion or speculation are more
susceptible to misinterpretation or distortion and are harder to explain if they
are wrong. If you do speculate: separate the facts from your opinion; state
this is your opinion or judgment, or that you are speculating, and be sensitive
to all implications of what you're saying.

36. 36
Issues that are raised in writing should be resolved in
writing. For any business action we take, issues and
concerns are routinely raised. If we ultimately proceed,
those issues are resolved. But how do we prove it if there
are no documents showing how they were resolved. If you
see ambiguous language or poor communication –
challenge it!
Rule #3
Close the Loop
June 8, 2017Memo writing art
Ask the writer to write a separate memo clarifying the ambiguity.
Never suggest throwing away a final document because of its content.
More could be made of this than the ambiguous document itself.

37. 37
Issues that are raised in writing should be resolved in
writing. For any business action we take, issues and
concerns are routinely raised. If we ultimately proceed,
those issues are resolved. But how do we prove it if there
are no documents showing how they were resolved. If you
see ambiguous language or poor communication –
challenge it!
Rule #3
Close the Loop
June 8, 2017Memo writing art
Ask the writer to write a separate memo clarifying the ambiguity.
Never suggest throwing away a final document because of its content.
More could be made of this than the ambiguous document itself.

38. 38
Certain words or phrases have little
information value, but can have negative
connotations. Words like “leverage”,
“foreclose”, “dominate”, “preempt”, “block”,
“signal”, “blunt” and “send a message” have
become centerpieces of lawsuits.
Consider how phrases might be interpreted,
or consult your peers.
Rule #4
Avoid Sensationalism
June 8, 2017Memo writing art

39. 39
Certain words or phrases have little
information value, but can have negative
connotations. Words like “leverage”,
“foreclose”, “dominate”, “preempt”, “block”,
“signal”, “blunt” and “send a message” have
become centerpieces of lawsuits.
Consider how phrases might be interpreted,
or consult your peers.
Rule #4
Avoid Sensationalism
June 8, 2017Memo writing art

40. 40
When writing about counterparts, or
competitors, or competitive activities etc., state
your purpose and objectives positively. A
defensive plan should always focus on what it
will do to advance or protect your own
interests, rather than what it might do to a
counterpart’s or competitor's business.
Rule #5
Write positively
June 8, 2017Memo writing art

41. 41
When writing about counterparts, or
competitors, or competitive activities etc., state
your purpose and objectives positively. A
defensive plan should always focus on what it
will do to advance or protect your own
interests, rather than what it might do to a
counterpart’s or competitor's business.
Rule #5
Write positively
June 8, 2017Memo writing art

42. 42
Most documents are not reviewed by
legal counsel, nor should they be. However,
a few areas involve so many legal
technicalities it makes sense to show drafts
of documents to legal or patent counsel
before they are finalized.
Rule #6
Legal counsel
June 8, 2017Memo writing art

43. 43
Most documents are not reviewed by
legal counsel, nor should they be. However,
a few areas involve so many legal
technicalities it makes sense to show drafts
of documents to legal or patent counsel
before they are finalized.
Rule #6
Legal counsel
June 8, 2017Memo writing art

44. Thank you!