Презентація із заняття Ольги Лук'янової, керівника юридичного відділу, офіцера з дотримання корпоративних політик та стандартів Henkel в Україні у Правничій школі ЕВА-Астерс

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Memo writing art as strategic
communication instrument for lawyers
Olga Lukyanova
Head of Law department & Compliance officer
Henkel Ukraine
EBA-Asters Legal School, Kyiv
November 22, 2016

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Memo writing art as strategic
communication instrument for lawyers…
…and for EVERYBODY!

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Video 1
November 24, 2016

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• Complaints
• Requests
• Recommendations
• Research summaries
• Meeting summaries
• Status reports
• Assessments
• Issue sheets
• Challenges
• Letters
What kind of memos do we write
November 24, 2016

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• 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
November 24, 2016

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All of us conduct written communication,
which ALWAYS have
LEGAL CONCEQUENCES
November 24, 2016

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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
November 24, 2016

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PUT YOURSELF
IN THE READER’S SHOES!
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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
November 24, 2016

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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
November 24, 2016

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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
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D. 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
E. Select the most important/convincing data and prioritize them
Memo Writing Stages
Preparation – Thinking Stage
November 24, 2016

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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
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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
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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
November 24, 2016

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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
November 24, 2016

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Video 2
November 24, 2016

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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
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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
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• 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
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3. Paragraphs:
• Short
• One thought per paragraph
• Conclusive headlines summarizing the paragraph
4. Tables:
• Sometimes much clearer than a paragraph
• Accurate & updated figures
• Precise units / periods / currency / exchange rate
• Simple, not too many figures
• Designed to support text above
• Present numbers in the same way as in the text (index vs. %)
• Significant figures
Memo Writing Stages
Writing – Communication Stage
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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
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? 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
November 24, 2016

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IF THE ANSWER TO ONE OF THOSE
QUESTIONS IS NO, REWRITE THE MEMO!
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NEVER FORWARD A MEMO
WHICH YOU ARE NOT
100 % HAPPY WITH!
November 24, 2016

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Conclusion
Your Memo Should Be
TargetedOrganizedFactualConcise

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Targeted
Conclusion
Your Memo Should Be
 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?

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Organized
Conclusion
Your Memo Should Be
 Does the structure reflect a clear thinking?
 Do you have a clear editing (paragraphs, titles, logical flow)?

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Factual
Conclusion
Your Memo Should Be
 What are the key facts that will persuade the reader?
 Are they relevant and persuasive?
 Are there issues or alternatives?

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Concise
Conclusion
Your Memo Should Be
 Are you straightforward and clear?

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Six Golden Rules
for Memo Writing
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Six Golden Rules
for Memo Writing
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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
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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
November 24, 2016

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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.
Rule # 2
Focus on Facts
November 24, 2016
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.

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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.
Rule # 2
Focus on Facts
November 24, 2016
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.

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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!
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.
Rule # 3
Close the Loop
November 24, 2016

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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!
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.
Rule # 3
Close the Loop
November 24, 2016

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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
November 24, 2016

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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
November 24, 2016

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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
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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
November 24, 2016

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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
November 24, 2016

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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
November 24, 2016

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Think much, speak little, write less.
Italian proverb
November 24, 2016

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Thank you!
November 24, 2016

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