Companies · Subpoenas
A grand jury subpoena to your company: the first ten days
For general counsel and owners: the practical steps that protect the company and keep a witness from becoming a subject.
You are reading: Day one: hold everything
Day one: hold everything
Send a written legal hold to everyone likely to have responsive material, and suspend automatic deletion of email, chat and backups that might be covered. This step cannot wait for a full reading of the subpoena.
Days two to four: understand the ask
Read the definitions and the schedule closely. Many subpoenas are broader on paper than the prosecutor needs in practice. Make a list of the systems and people that hold each category.
Days four to seven: call the prosecutor
Outside counsel can confirm the company's status, discuss scope and agree a timetable. A rolling production, starting with the easiest categories, often satisfies everyone.
Days seven to ten: plan the review
Decide who will collect data, how privilege will be protected, and how each production will be numbered and logged. Consider whether any employees need their own lawyers.
Throughout: think about people
Employees will have questions. Tell them the company is responding to a request, that they may be contacted, and that they may speak with a lawyer. Do not ask them what they told investigators.
This article is general information about how federal matters usually work. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation turns on its own facts.