Back
Back
DAWN RAID
DAWN RAID
Home
A raid has begun
During a raid
After a raid
Contact Clayton Utz
During a raid
1
Interaction with officers
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
2
Documenting the search
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
3
Copies and tracking
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
4
Privilege and legal documents
Claim legal professional privilege over documents
Get copies of the regulator's protocols on claiming privilege for your lawyers
5
IT assistance
Ensure your IT department gives the regulators access to computers or other electronic devices
A raid has begun
Previous
After a Raid
Next
Contact Clayton Utz
How to make notes
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
Back
Back
Contact Clayton Utz
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)
Back
Back
Contact Clayton Utz