Loss and recovery.

Disaster recovery has new meaning for everyone these days. Lawyers need to know how to get their offices up and running quickly if disaster strikes.

Many unexpected events can destroy the information a law firm holds. A fire could demolish the office, a particular danger for small-firm practitioners who work in former single-family homes or small buildings. A powerful electrical surge--perhaps from a lightning strike--can zap all the information on your file server, even if you have an uninterrupted power supply device and surge regulators. And foul play is not out of the question. A disgruntled employee may decide to reformat the office file server.

Office systems are also vulnerable to hacker attacks. Running your file server and in-house network using a cable plugged into the phone jack makes your system attractive to hackers because it gives them an entry point. You might think there is no reason for anyone to steal or destroy your data, but hackers do this just for "fun."

There are many steps you can take to protect your data. Here are some for you to consider.

Convert and store paper files

Look around the typical trial lawyer's office. Chances are, paper files cover the desk and other furniture, and they carpet the floor and hallways. It's unrealistic to think that the attorney or a staff member will remove the physical files from the office every day or duplicate every sheet of paper.

The first step in implementing a disaster recovery plan for your office is selecting a case-management or document-management system and purchasing a scanner. Then, begin scanning all incoming correspondence and pleadings to put them in electronic form. After you feed the data into your case-management program, you won't need most of those bits and pieces of paper. As your automation efforts increase, you might decide to buy more powerful scanners so that older information can be digitized and saved.

Current files can be placed in fireproof, locked cabinets. Only rarely should you need to have the physical file in your hands--the digital files should suffice for everyday use. Older, closed files can be stored off-site in a secure, fireproof environment. If you have scanned the files before sending them to storage, you have the best of both worlds: You can retrieve the physical file if need be, while the digital files are readily available.

Back up electronic files

In the event of a disaster, you need to have backup copies of your digital files. Computers and their components--including CD-ROM and CD-RW (read/ write) drives, and hard-disk and removable hard-disk drives--have come down in price, so you have a number of inexpensive options. One note: Always test your backup method to make sure it works properly before a catastrophe forces you to rely on backed-up data. You want it to be there when you need it.

Tapes. This is most people's favorite method of backing up data. Tapes are inexpensive and compact, and they have high data capacities. This makes it feasible to make daily backup tapes.

However, I've heard many stories of backup tapes failing when they were most needed--after a hard-disk crash. They may fail because the backup device did not work properly or because the tape from which you tried to "restore" your data was faulty. If this type of backup effort fails, it is possible that your files cannot be retrieved, even by technical staff.

CD-ROMs. Not long ago, a CD-ROM drive that "burned" data onto a CD cost $50,000 or more. Today, a CD-ROM drive that allows you to "write" or "burn" data from your computer's hard drive to a CD costs under $500--and the disks are less than $2 apiece. You don't need to copy all the data on your hard drive every day, but you might want to back up your file-server operating system and software programs on another hard-disk drive (or two, if necessary) and store these drives at different locations. Then you need to burn only your client-specific data onto CD-ROMs.

The benefit of storing data on CDs is that you can test your backup system to ensure that all data are there simply by inserting the CDs into your home computer--and, of course, you can easily carry CDs home.

Removable hard drives. With a bit more effort, you can create a "mirror" of the data on your hard drive using a removable hard drive. It will quickly become a part of your routine to copy the data and remove the duplicate drive to take home. This provides an off-site copy of your office computer system.

Reliable, high-capacity, removable hard drives cost a bit more than a basic PC, but they are not as expensive as computers and hard drives were several years ago. This is the best, but most expensive, of the backup options. You should be able to buy one for about $500.

As with CDs, you can test the duplicate hard drive's data on your home computer. This method also makes office files available to you at home--no more dialing up the office system to access information.

ASPs. Application service providers are another option for data storage. ASPs allow you to store your case-management program and all data and text files on an off-site computer operated by a third party, the "host." So if your office was disabled by a lightning strike over the weekend, on Monday your staff could continue to do business using your system stored on the host site. (See Technology Bloat? Become a `Thin' Client, TRIAL, May 2000, at 92.)

Although ASPs are not widely used by small offices, you might choose one as your backup solution if it offers the following features:

* 99.99 percent guaranteed "up time," so that your office files are available virtually every minute of every day from wherever staffers can find a Web-connected computer running a graphical user interface like Windows or Macintosh

* assured security, including password protections, encryption, and security at the server site

* duplicate backups on sites around the country, so that if an earthquake shut down one of the host's locations, you could still access your data

* off-site backup of your data, sent daily or weekly to the law firm--perhaps on removable hard drives or CD-ROMs--so that the firm has a relatively current copy of all its data

* a contract that ensures fair pricing for several years

* an "exit strategy" that allows you to terminate the relationship with the ASP and retrieve all your data quickly at a reasonable cost

* regular local training for lawyers and staff members on how to use the ASP's resources.

Disaster recovery is more important than ever. With planning, a modest investment, and good business techniques, you can implement one of these options to ensure that your firm's data are properly protected by backup and off-site storage.

Paul Bernstein is an attorney and law-office automation consultant in Chicago. He can be reached by e-mail at [e-mail]. The views expressed in this column are the author's and do not constitute an endorsement of any product by TRIAL or ATLA.