Preparing for the Search

Even though the execution of a search warrant is typically a surprise, you can prepare for the event.  Establish a management response team with senior personnel at each plant or facility.  Educate the team on how a warrant gets issued, what it looks like, the limitations of a warrant, how to respond to the presentation of a warrant and what to say to employees during and after the execution of a warrant.  Establish a “key person” telephone list; that list should include legal counsel.  Provide it to receptionists, security personnel, in-house counsel and management.  Segregate all attorney-client privileged information and keep that information in a clearly marked section of the office.  Draw up a floor plan identifying offices, business functions and files and records; the floor plan can be used to limit the scope of the search.  The floor plan should clearly show where privileged material is stored.  Obtain and retain a digital video camera to document the search, particularly the taking of samples.  Prepare a “list of rights” that can be given to employees in the event of a search.  The “list of rights” should also list the name and telephone number of the company’s legal counsel.  The telephone numbers of the management response team, with instructions of how to proceed, should be prepared and given to all receptionists and security personnel.  Review the company’s document retention policy.  If there is none, establish one that provides that only necessary documents are kept for extended periods of time.