1
Interaction with officers
Provided that the warrant is valid:
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Cooperate with the officers executing the warrant
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DO NOT obstruct officers
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DO NOT remove, destroy or shred any documents during the search – even routine shredding is not allowed
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Ask for copies of the regulator's protocols for dealing with legally privileged documents (hard copy and electronic) to provide to your lawyer
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If no such protocol exists, ensure the coordination team, in conjunction with your lawyer, agree upon one
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Ensure any standard or agreed protocol is followed
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Keep the fact that the search is happening confidential
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Emails or other communications speculating about the search internally or externally should not be sent
2
Documenting the search
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Record the names of the officers attending the search
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Appoint note takers to observe each of the officers executing the warrant
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Make sure file notes are sufficiently detailed
3
Copies and tracking
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Ask to copy any documents the officers remove which are necessary for the company's day to day business
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The officers must give you a schedule of documents or items they remove when the raid is completed
4
Privilege and legal documents
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Claim legal professional privilege over documents
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Get copies of the regulator's protocols on claiming privilege for your lawyers
5
IT assistance
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Ensure your IT department gives the regulators access to computers or other electronic devices