Reception calls you – a dawn raid is taking place
Ensure relevant staff are informed
Response team Senior management IT support
Be polite at all times Check the authorisation documents – are they valid? What is the subject matter of the investigation? Ask the Investigators to await the arrival of lawyers – but do not insist on this
Dealing with Investigators
Confirm estimated time of arrival of lawyers/response team Discuss contents of the authorisation documents Ensure possibility of communication before arrival (e.g. set up open conference call)
Alert lawyers (in-house and/or external)
Hold a brief meeting/call with all members of the internal response team to discuss the subject matter and purpose of the dawn raid Ensure IT support staff are available to assist –IT support is likely to be required by the Investigators Appoint a team of “shadowers” to accompany the Investigators at all times and keep a record of everything that is reviewed/copied and any questions asked
Even if the Investigators are willing to await the arrival of lawyers/response team, you should make an immediate start on these initial next steps:
identify (with assistance from in-house or external lawyers via telephone) the files (paper or electronic) which are least likely to throw up issues which would need legal input, such as privileged legal advice. The inspectors should be encouraged to start work on these “lower risk” documents, pending the lawyers’ arrival.
If the inspectors insist on starting to review documents before the lawyers/response team arrive,
Are the Investigators willing to await the arrival of lawyers/response team before proceeding with the dawn raid?
Seek advice from in-house and/or external lawyers via telephone if in any doubt as to how to proceed.
NO
YES
