During a raid

Provided that the warrant is valid:
  • Cooperate with the officers executing the warrant
  • DO NOT obstruct officers
  • DO NOT remove, destroy or shred any documents during the search – even routine shredding is not allowed
  • Ask for copies of the regulator's protocols for dealing with legally privileged documents (hard copy and electronic) to provide to your lawyer
  • If no such protocol exists, ensure the coordination team, in conjunction with your lawyer, agree upon one
  • Ensure any standard or agreed protocol is followed
  • Keep the fact that the search is happening confidential
  • Emails or other communications speculating about the search internally or externally should not be sent
  • Record the names of the officers attending the search
  • Appoint note takers to observe each of the officers executing the warrant
  • Make sure file notes are sufficiently detailed
  • Ask to copy any documents the officers remove which are necessary for the company's day to day business
  • The officers must give you a schedule of documents or items they remove when the raid is completed
  • Claim legal professional privilege over documents
  • Get copies of the regulator's protocols on claiming privilege for your lawyers
  • Ensure your IT department gives the regulators access to computers or other electronic devices

How to make notes

Mark all notes "subject to legal professional privilege"
  • the full names of the relevant officers
  • the time of arrival and/or the search ends
  • where the officers are searching
  • what documents they examine or copy or remove, including any electronic documents
  • what questions the officers ask
  • discussions between officers
  • any concerns about the relevance of documents seized or legal privilege issues raised by the coordination team, external lawyer or others
  • the time the search ends

How to cooperate

  • You must not obstruct the search
  • Your obligations include providing reasonable assistance to find documents
  • You may have to open locked doors, provide access to computers, provide passwords etc
  • You may be required to consent to bag searches when leaving the premises
  • No one has to answer questions about the conduct alleged in the warrant, general questions about the company's business, or questions about specific employees (except to the extent required for the execution of the warrant)