What to Do When Served with a Search Warrant

Probably one of the scariest things an in-house lawyer can face is law enforcement showing up at company offices with a search warrant. Fortunately, I never experienced this personally but I did draft guidelines about what the company's employees and in-house lawyers should do if face with this situation. I came across a really helpful article written by the Leech Tishman firm setting out what to do (and not do) when faced with a search warrant. To read it, click here. From the article:

"Do not consent to the search.

Employees should be warned not to sign any form seeking consent to search the premises or make any statements that indicate consent to the search. Nor should employees consent to the search of any other premises or for any other items that are not listed on the search warrant. If consent is requested, employees should direct law enforcement to counsel."

The authors mention several other things to do or not do including monitoring the search and not interfering. Definitely worth reading and keeping handy or using as base to create your own guidelines for your company (or ensuring you've covered everything in what you do have). While unlikely to happen, it's always best to be proactive. See also my legal blog, "Ten Things You Need to Know as In-House Counsel" and my post on what to do if your company is the subject of a government investigation.