DAWN RAID

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

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

Ensure your IT department gives the regulators access to computers or other electronic devices

Mark all notes "subject to legal professional privilege"

Note

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

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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)

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