What's your backup plan? The data stored in your office computers is the lifeblood of your firm. With sound strategies for backing up your electronic information, you can survive catastrophic data loss and live to practice another day.

Imagine, if you will, these scenarios:

* You come into your law office one day and find that every computer, including your trusty file server, has been infected by fiber-Virus 3000. The master boot record is lost and the hard drives have been wiped clean. Everything is dead. What do you do?

* Entering the office early one morning, you discover that an Evil Hacker Person remotely accessed your computer, deleted all your important data, and changed your screensaver to scrolling text that says: "pwnt by 133th@xXx0rkr3VV3!!1!1!!one." After asking your kids to translate the screen for you, you realize you've been had. What do you do?

* Late one night, the smoke alarms in your office malfunction. This causes your building's fire-suppression system to soak your entire office in two inches of water. The good news is that all your paper client files were protected in waterproof cabinets; the bad news is that all your computers were running and were damaged beyond repair. What do you do?

The answers to these questions are based almost entirely on your current strategies for backing up your data (and also for keeping your antivirus software up-to-date and firewalls running). Smart attorneys will pull out a few back-up disks, take a few hours to reinstall their data in a new computer, and be on their way. Not-so-smart attorneys will probably be curled up in a fetal position for several hours while they try to figure out how to recover from losing several years' worth of data.

Although most large firms enjoy the luxury of information technology departments to handle data backup for them, many small firms have deficient or nonexistent backup strategies. Some lawyers simply don't understand the need, while others lack technical computer skills and decide (without actually investigating) that data backups are simply too complicated for them to handle.

But you don't have to be a Bill Gates or Linus Torvalds to know how to back up computer data. All you really need is a basic understanding of your computer's directory structure, which you probably already know a little about.

If you don't know what a directory structure is, click on your computer's "Start" menu, and select "My Computer." There should be an icon marked "C:," or possibly "Local Drive." That's your computer's hard drive. Clicking on it will show you the folders found on this drive.

You're now located at "C:\." Double-click (or single-click, depending on your system configuration) on the folder called "Program Files." Now you're at "C:\Program Files." Congratulations, you've just learned what your computer's directory structure looks like, and you'll know how to find something located at "C:\Documents and Settings" or "C:\Temp\Random\."

This is a good time to think about where and how your client-related documents are stored. It's much harder to back up your documents if they're located in 15 different unrelated directories on your computer. If you have one computer, move all your client files into a single directory, which for Windows users is probably located in "My Documents."

If you have a server that links multiple computers, store everything in one directory on the server. It's much easier to backup one directory (and all of its sub directories) than to back up data that is in scattered locations.

What's important?

Before you can back up anything, you have to know what needs to be backed up. Ask yourself this question: If I suffered a complete and catastrophic loss of all my computer data today, what would I need to have everything in the office running smoothly by tomorrow? The answer to that question is what you need to back up.

Depending on your chosen backup solution, your backup software may have "wizards" or help files to assist you in deciding what to back up. Below is a list of some common types of data you may want to back up. While this list is by no means exhaustive, it will give you some idea of where to start.

Client fries. These are the files and folders where you store the work you have done for your clients, such as pleadings, forms, and letters. They would also include any incoming documents--for example, letters you have received from opposing counsel--that you have scanned and downloaded onto your computer. Basically, if it's on your computer and has anything to do with a client, back it up.

E-mail. The importance of backing up your e-mail will vary depending on how much you use it, but for most attorneys e-mail is an indispensable tool. Many lawyers regularly communicate with clients and opposing counsel by e-mail and make use of the e-mail list servers provided by various lawyers' groups. You may also be in frequent e-mail communication with your staff, depending on the size of your office and your own tendencies to work outside the office or from home.

If you're recovering from crashes and data loss, you'll want to have your e-mail ready to go when you get back online. Different e-mail programs store your e-mail in different places, so you'll have to check the help files or documentation for your specific program to find the appropriate folders. Some e-mail programs also may have wizards to automate the exporting of your e-mail for easy backup; again, consult your program's help files and other documentation.

Financial data. Back up your accounting system files. If you have to restore everything from nothing, you'll be glad you can quickly find out how much money your firm is owed and how much your firm owes its creditors.

Most accounting software makes it easy to back up your data from within the program. Refer to your software manual (or online help files) for exact directions on how to do this. Usually, you can simply export your financial data into a single file. This file can then be backed up elsewhere and be used to restore your document completely from inside the program. If your accounting software does not offer this option, you will need to identify where on your computer the data is stored and back up that entire directory.

Case management software data. Case management programs like Time Matters, Pro Law, and PCLaw use relational databases to store client and case information, contacts, calendars, and other important information regarding the operation of a law practice. These allow you to "link" different types of data, such as client names, cases, attorneys, and so on, and show how they relate to one another, resulting in better organization of firm data and information.

However, these programs typically are useful only after they have been customized to a firm's specific needs. This frequently involves a substantial investment of time inputting data, preparing document construction forms and templates, and customizing the display of information.

Back up the directories and data for your particular case management software program or expect to waste hours (or days) trying to put things back together again.

Calendars. Unless you enjoy missing court hearings, new client consultations, and depositions, you will want to keep a backup copy of your calendars in case you have a data meltdown. As with your financial data programs, the most common programs used for calendaring offer fast and easy ways to export your calendar data into a single file. That file can then be used to restore your calendar at a later time. Check the documentation and help files for your program for instructions on how to do this.

If you're using a case management program for your calendaring needs and have backed up your case management data, you probably have also backed up your calendar.

Bookmarks. I also suggest backing up your bookmarks on your Web browsers. Some people keep only a few bookmarks and rarely use their browsers. Others, like me, have hundreds of sites book-marked, many of which I consider indispensable to my law practice. These range anywhere from the Web pages of the courts I practice in to lawyer search engines to opinion pages of the Federal Trade Commission interpreting the Fair Debt Collection Practices Act. If you keep many useful bookmarks, back them up.

If you use the Firefox Web browser, click on Bookmarks [right arrow] Manage Bookmarks, then File [right arrow] Export.

If you use Internet Explorer, click on Launch Internet Explorer, navigate to File [right arrow] Import and Export, then follow the instructions on the screen.

Everything. Another option is to just back up everything. This is not realistic for anyone using smaller-capacity options for backing up (I discuss several below), but if you're using an external hard drive, it becomes possible. Having a full clone of an important drive is rarely a bad thing.

Backup methods

There are many different methods for backing up your computer data, all with pros and cons. You'll have to decide whether to choose one of these commonly used options or go another route.

CD or DVD burning. In my opinion, a CD or DVD burner is an essential piece of hardware for any modern law office. It makes a good backup tool, and even if you're not using it specifically for back-ups it's handy and economical to use.

Tools. You'll need a CD or DVD writable drive or burner, a supply of blank discs, and burning software.

Cost. For $30 to $60 you can buy a good-quality internal drive for your desktop computer that will burn DVDs and CDs; the external models that attach to a USB port run closer to $100. Spindles of blank DVDs cost about $30 per 100, while blank CDs are even cheaper and often are sold with rebates. Blank DVDs can hold about 4.7 gigabytes of data, while blank CDs hold anywhere from 650 to 800 megabytes. Rewriteable CDs and DVDs are also available for slightly higher costs than the standard non-rewriteable discs. In most cases, burner software (such as Ahead's Nero software) is included in the price of the burner.

How it works. Toss a blank CD or DVD in the drive and launch your burner software. Tell it what files or directories to burn and let it do its thing. Most software will have easy-to-use wizards to guide you through the process, and most will let you save your choices so you won't have to manually add the right files or directories every time you burn.

Pros. CDs are cheap and last almost forever, and all your backups will be portable. Any computer that can read a CD (pretty much any computer anywhere) can access the backed-up information.

Cons. This option requires manual intervention. You can schedule burning through most burner software, but you'll still have to ensure that a disc is in the drive. You'll also need to label your discs, unless you enjoy sorting through stacks of unmarked CDs to find the one you need.

USB flash drive. This is another "must-have" tool. USB flash drives, though tiny, hold many thousands of times more data and operate much faster than floppy discs, which are quickly becoming scarce. A flash drive can be used to hold important files that you want to keep with you at all times and will work with just about any computer in the world. For more short-term use--for example, when you are away on a business trip--you can load just the files you want to have with you while you are traveling.

Tools. You'll need to buy a USB flash drive, which is also commonly referred to as a jump drive, memory key, or memory stick.

Cost. The price will depend on how much memory capacity you want, ranging from a 128-megabyte flash drive costing about $10 to an 8-gigabyte drive for around $200.

How it works. Plug the drive into an open USB port. It will be mounted and treated like a new hard drive. Drag and drop (or cut and paste) files using Windows Explorer.

Pros. A USB flash drive is fast, ultra-portable, and incredibly easy to use.

Cons. The price-per-gigabyte ratio makes a flash drive a horrible long-term backup solution, and because a flash drive is small it can be lost easily. A sole practitioner who is not particularly busy probably could get away with using one as a beginning backup plan, but if you have more than a few cases, invest in something more cost-effective and keep the flash drive for moving files around.

Internet backup solutions. If you're not particularly tech-savvy, this option will probably appeal to you. Once you download and install the software, it generally runs on its own and does a respectable job. Watch out for scares, though: Hundreds (if not thousands) of companies offer this service, and not all are reputable. Ask other lawyers for quality-of-service reviews before committing yourself to anything.

Tools. You'll need an account with an Internet backup company and a working broadband Internet connection. Some companies offering Internet-based backup plans include Carbonite (www.carbonite.com), Iomega (www.iomega.com), Backup Solutions (www.backupsolutions.com), Iron Mountain (www.ironmountain.com), and iBackup (www.ibackup.com).

Cost. Every backup company has a different pricing schedule, so you should shop around to find the best deal. Most companies charge a monthly fee for a given amount of storage space.

How it works. Depending on what company you choose, you'll probably need to sign up on its Web site and download its software. Then you'll need to configure the software by telling it what to back up and when.

Pros. Once you've set up the software, the process should be mostly automated and require little human input. Backups will always be located off-site, so you're protected against natural disasters and fires affecting your office.

Cons. This option can be pricey compared to other solutions. Those monthly charges can add up; this is especially true if your office is paperless, as you'll be backing up many scanned documents. Online backup is a questionable option if your Internet service is unreliable, and it's definitely not for anyone using a dial-up connection.

External hard drive. This works the same way as an internal hard drive, but it sits in its own enclosure outside the computer. It doesn't take up much space and usually can fit on top of your desk.

If you're going this route, I suggest getting at least two drives, keeping one at home and one at the office. Never keep one in the trunk (or any other part) of your car. Temperature extremes, especially heat, will cripple a hard drive faster than just about anything short of water.

Tools. You'll need an external hard drive with a USB or Firewire interface.

Cost. This will depend on the size of the drive. You can get a respectable 40-gigabyte hard drive for around $70, while a much larger 200-gigabyte option could run closer to $100.

How it works. It functions just like a USB flash drive. Plug it into a free USB port, and you'll automatically have a new hard drive listed under "My Computer."

Pros. The price-per-gigabyte ratio is excellent, and accessing the files on an external drive from any computer is as easy as plugging it in. With the larger external hard drives, you can use a drive-cloning program like Norton Ghost to copy the entire contents of your internal hard drive and save it on the external drive. This makes restoring from a hard-drive failure a very easy process.

Cons. External hard drives are larger and bulkier than many other backup options. Unless you're using the newer USB 2.0, transfer rates can be slow, which is a problem if you're trying to clone the entire drive. Like any mechanical device with moving parts, its shelf life is somewhat shorter than that of options--like CD burners--that have no moving parts.

Tape drives. At one time, tape drives were the gold standard for backing up servers, and many systems administrators still swear by them. If all you're backing up is a few desktop computers and a small file server, your money would probably be more wisely invested elsewhere. However, if you have a massive, mission-critical file, print, and e-mail server with tons of data to back up, a tape drive maybe the solution for you.

Tools. You'll need a tape drive and magnetic tapes.

Cost. Expect to pay several hundred dollars for a good tape drive, even a small-capacity drive. If you're looking for several hundred gigabytes of storage space, the cost can run as high as $1,000 just for the drive--and maybe higher.

How it works. All you have to do is attach the tape drive to your server. Commonly, tape drives will have a USB, Firewire, or small computer system interface. Set up the backup software and let the drive run.

Pros. This backup option is largely automated, but you'll have to make sure to change the tapes. Tape drives copy data fairly quickly, and the tapes have a long shelf life.

Cons. Data on tapes can only be read sequentially, unlike normal hard drives which allow for data located anywhere on the disk to be accessed directly without having to read everything that came before it. This means that read times will be extremely slow, especially if you're only looking to get at part of the data on the tape. The cost can be prohibitive.

Mix and match. One more option is to use a combination of methods. For example, you could use an external hard drive to clone your server's hard drive every few days, and burn CDs to save the important information on your desktop computers daily. You could burn CDs of all your financial information and client files daily, and then create a tape drive backup of your server every few days. Or you might burn DVDs of the important information on your server to be stored off site every few days, and back up your accounting files to the USB flash drive on your key ring daily.

Scheduling

Backups are useful only if you actually do them. Once you've decided on what you will back up and how, the next step is to make a schedule.

There's no hard-and-fast rule for determining exactly when backups should take place, but it probably wouldn't hurt to back up at least some of your most critical data daily. A full hard-drive cloning daily is probably overkill, but a daily backup of financial data and client files would be wise.

Most backups should probably be scheduled for after business hours, just to ensure completeness. If you're using daily tape-drive backups, make a habit of ensuring that a tape is in the drive when you leave the office.

If you're using CD or DVD backups, make sure you put a disc in the drive and set the drive to burn it. In the few minutes it takes you to do whatever other tasks you normally do to close the office, such as turning out the lights and making sure the doors are locked, your burner will probably finish making your backup disc as well, so you can move it to whatever location you've chosen for storage.

Most Internet backup providers allow you to schedule backups for whenever you want. You could schedule them for 2 a.m., when you're certain no one will be working, and then you'll never be bothered by it. If you're going with an automated backup that late, be sure that your computers are left on at night. It seems obvious, but you'd be surprised how often that's overlooked.

Storage

If your chosen backup method or methods involve any sort of removable media, another problem you'll need to address is where to store your backups. There's no harm in leaving some media in the office for easy access. However, part of what you're planning for is the possibility of a catastrophic disaster that directly affects your office, such as a fire or flood. In the unlikely event that your office is damaged or destroyed, you need to have an alternate storage location for your backup media.

The specifics of this are, as always, up to the individual. You may decide to keep it at home or in a safe deposit box at the bank. If you use a service like Iron Mountain for records retention of your paper files, you may also consider putting copies of your backup media in the boxes sent to storage: Remember that this media probably will contain confidential client information, so be sure to take all the normal security precautions to ensure confidentiality.

The information on your computers is the lifeblood of your law office, and the list of potential threats to it seems endless: hurricanes, tornadoes, fires, laptop theft, office burglary, mechanical hard-drive failure, and so on. Any one of these disasters could leave you stranded without your computers as you know them today.

Regular backups won't prevent disaster from happening, but they will help you get back on your feet quickly if it does.

JEFF WHITE is a sole practitioner, part-time programmer, and self-admitted geek in Boise, Idaho. He can be reached at [e-mail]. The views expressed in this article are the author's and do not constitute an endorsement of any product or service by TRIAL or the American Association for Justice.