Title of presentation in 26 pt. Second line

Memo writing art as strategic communication instrument for lawyers

Olga LukyanovaHead of Law department & Compliance officerHenkel Ukraine

EBA-Asters Legal School, KyivNovember 22, 2016

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

#Video 1November 22, 2016

#ComplaintsRequestsRecommendationsResearch summariesMeeting summaries

Status reportsAssessmentsIssue sheetsChallengesLetters

What kind of memos do we writeNovember 22, 2016

#To stimulate action: approval, plan implementationTo communicate: inform, summarize, answer questionsTo clarify thinking: select ideas, structure ideasTo gather dataTo get exposureTo help taking fast decisionsWhy do we write memosNovember 22, 2016

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

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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 Memo4 Stages of Memo Writing

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#PUT YOURSELF IN THE READERS SHOES!November 22, 2016

#1. Key pre-requisite:Put yourself in the readers shoesHave a clear idea of what youll say before writing (objective/decision to be taken)Take time

Memo Writing StagesPreparation Thinking Stage

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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:AgreementActionInformation

Memo Writing StagesPreparation Thinking StageNovember 22, 2016

#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 StagesPreparation Thinking StageNovember 22, 2016

#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 subjectsE. Select the most important/convincing data and prioritize them

Memo Writing StagesPreparation Thinking StageNovember 22, 2016

#1. Open paragraphClear. Focus on one key choiceWhat not How. Focus on What to do and not How to do thisBrief. Minimum wordsTargeted. It is written to a specific target audience Why. Reflect a point of view and provide perspective

Memo Writing StagesPlan Outline Structuration Stage

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#2. Background Put the memo in perspectiveState pertinent data, yet not too many details3. Conclusion or planSummarize the key learning (overview, key figures)Describe the operation (detailed plan if needed)

Memo Writing StagesPlan Outline Structuration StageNovember 22, 2016

#4. Discussion Basis for recommendation/rationale (risks/alternative)Summary/analysis: key findings5. Next stepsWhat must now be done?When?By whom?

Memo Writing StagesPlan Outline Structuration StageNovember 22, 2016

#6. OthersWriter and readers namesDateConclusive title that speaks for itselfDistribution listHeader with the company/department originatorMemo Writing StagesPlan Outline Structuration StageNovember 22, 2016

#Video 2November 22, 2016

#1. Key principles:Clear and simple: write as you talkHow would I say this across the table?What am I trying to say?Complete / yet conciseAccurate: Facts & SpellingPersuasive: a memo is a selling deviceInviting to read: Wording & Editing

Memo Writing StagesWriting Communication StageNovember 22, 2016

#2. Key tips:WORDS:Familiar vs. unfamiliar: help vs. facilitateCommonly understood vs. technical jargon: eliminated dust vs. imparts antistatic propertiesShort over long: city vs. municipalPrecise over vague: 17 out of 20 stores vs. many storesAvoid doublings: role vs. function and roleDont compose too many nouns together: allowances for high-cost areas vs. high-cost area allowanceAvoid sensational or suggestive words: attack, beat, blitz, blast, dominate, signalMemo Writing StagesWriting Communication StageNovember 22, 2016

#SENTENCES:No more than 15-20 wordsOne thought per sentence and one sentence per thoughtBe straightforwardGeneral first, details afterwardsAvoid parenthesisUse conjunctions/transitional phrases to ensure smooth reading (however, furthermore)Active over passiveDont 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 talkMemo Writing StagesWriting Communication StageNovember 22, 2016

#3. Paragraphs:ShortOne thought per paragraphConclusive headlines summarizing the paragraph

4. Tables:Sometimes much clearer than a paragraphAccurate & updated figuresPrecise units / periods / currency / exchange rateSimple, not too many figuresDesigned to support text abovePresent numbers in the same way as in the text (index vs. %)Significant figuresMemo Writing StagesWriting Communication StageNovember 22, 2016

#5. Editing:Whenever possible, make it one pageMake paragraphsUse titlesUse tablesUse underlining, margins, white spacesCheck for typosUse exhibits for non-essential information

6. Exhibits:For extensive supporting dataLabel clearly, completely and carefullyStand for themselvesMemo Writing StagesWriting Communication StageNovember 22, 2016

#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 StagesRe-reading Control StageNovember 22, 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 NOT100 % HAPPY WITH!

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ConclusionYour Memo Should Be

Targeted

Organized

Factual

Concise

#November 22, 2016Targeted ConclusionYour Memo Should BeWho 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?

#November 22, 2016Organized ConclusionYour Memo Should BeDoes the structure reflect a clear thinking? Do you have a clear editing (paragraphs, titles, logical flow)?

#November 22, 2016Factual ConclusionYour Memo Should BeWhat are the key facts that will persuade the reader? Are they relevant and persuasive? Are there issues or alternatives?

#November 22, 2016Concise ConclusionYour Memo Should BeAre you straightforward and clear?

#Six Golden Rules for Memo WritingNovember 22, 2016

#Six Golden Rules for Memo WritingNovember 22, 2016

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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 # 1New York Times RuleNovember 22, 2016

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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 # 1New York Times RuleNovember 22, 2016

#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 # 2Focus on FactsNovember 22, 2016Documents, 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.

#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 # 2Focus on FactsNovember 22, 2016Documents, 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.

#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 # 3Close the LoopNovember 22, 2016

#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 # 3Close the LoopNovember 22, 2016

#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 # 4Avoid SensationalismNovember 22, 2016

#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 # 4Avoid SensationalismNovember 22, 2016

#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 counterparts or competitor's business.

Rule # 5Write PositivelyNovember 22, 2016

#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 counterparts or competitor's business.

Rule # 5Write PositivelyNovember 22, 2016

#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 # 6Legal CounselNovember 22, 2016

#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 # 6Legal CounselNovember 22, 2016

#Think much, speak little, write less.Italian proverbNovember 22, 2016

#Thank you!

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