Search of business premises: the first few hours

A search of business premises is an exceptional situation in which decisions are made within a short space of time that shape the whole of the proceedings.

What to clarify at the outset

Ask for the written order and read what it covers: which premises, which documents, which allegation. Its scope limits the measure. Keep a record of who is present and what is taken away; a record of your own is worth its weight in gold later. Notify legal representation immediately – as a rule the search cannot be made to wait indefinitely for them to arrive, but notifying them is always possible.

Data carriers and professional secrecy

With servers, laptops and mailboxes, the question regularly arises whether documents are subject to professional secrecy or may not be reviewed for other reasons. Here, the objection is the key instrument: the data concerned is sealed, and review takes place only after a court decision. Anyone who misses this step loses it.

Towards employees

The accused are not obliged to make a statement; witnesses generally are, subject to a right to refuse to testify. A brief, factual briefing for staff prevents information being given out of a wish to help that no one had the chance to check. A prepared internal set of instructions is the cheapest insurance against a chaotic morning.