Purposeful Production Agreement

However, if the PPWPR is at stake, a producing party may find that the staff is reasonable and respects the potential privileges that the rigid conditions of the model agreement may entail. And for smaller, cost-conscious customers, the PPWPR is definitely a thought-good approach. Targeted production must be recalled by a written agreement, the model agreement for targeted production without privileged review. The model agreement is not negotiable, at least without the consent of the supervisory authorities and the office of the head of the Commission. Although it is difficult to find an up-to-date model of agreement, as of 2014, the relevant terms were: PPWPR is rarely used for document development at the Commission. Often, losing control of claims of privileges is not worth several thousand dollars that are saved. A party`s potential defence and perceived position in the witness target spectrum[3] will likely determine its appetite for a PPWPR, rather than financial considerations. [T]he appropriate, in order to determine the way forward, employees should consult with their superiors and, if applicable, the regional director, the unit head, the head of the board, the chief litigation officer and/or the professional liability counsel at OGC. .

. . The question of whether staff should return (or seize) an involuntarily produced document or whether it has a solid legal basis for using it is in part a function of existing national professional protection legislation and, in many cases, the applicable law of privileges and evidence. Under the rules of professional responsibility of some states, staff options may depend on whether they were notified of unintentional production before or after the revision of the document. The model agreement clearly stacks the bridge in favor of the staff. The producing party retains full responsibility for asserting privileges, while renouncing all arguments that the investigation is tainted by the results of PPWPR. In addition, section 4.2 of the manual outlines the procedure and reflections in which a privileged document is inadvertently produced: more targeted capitalism requires more than letters, speeches and gestures of goodwill.