State Bar of Wisconsin

Vol. 74, No. 11, November 2001

Planning for Disaster and Recovery is NOT Optional

by Ross Kodner

THE TRAGIC EVENTS of Sept. 11 will not soon fade in our collective memory. Of the multitude of businesses affected by the destruction of the World Trade Center, many were law firms.

What happens when a law firm suddenly not only has no office, but has no computer systems, no network, no Internet access, no furniture, no office equipment, and no telephones other than cell phones? What happens to pending cases and clients? What happens when confidential client information is destroyed?

Disaster recovery is hardly a new concept for Americans. In Wisconsin, attorneys and others still are recovering from the recent floods in the Siren area. And who can forget the destruction of human life and property caused by the Barneveld tornado? Still, no situation could ever drill home the need for disaster planning and system redundancy more than what so many experienced on Sept. 11.

Disaster Recovery Action Steps

In order to recover from a disaster, you must have the mindset that a disaster will occur, and plan for it.

1) Prepare a comprehensive disaster plan that includes a list of the possible disruptions that can affect the safety of a firm's people and the ability to practice law.

2) Prepare a data protection plan that includes a detailed, comprehensive strategy for data and program backup. Anticipate the multiple factors that can affect the ability of a computer network to generate work product and be accessible when needed. For example, a hardware failure inside the network fileserver(s) can be protected against by using redundant hardware componentry such as:

• an array of multiple hard drives or "duplexed" pairs of hard drives and hard drive controllers
• dual processors (which also improve network performance)
• dual power supplies and dual fans and chassis cooling systems
• a complete real-time "mirrored" redundant server system, which is another fileserver ready to step in instantly and take over network operations if the main server fails
• "bulletproof" data backup, meaning a "real" tape backup system, not a minimalist $300 TRAVAN tape backup system or attempting to back up on a spanned set of 30 CD-ROM disks. A "real" tape backup system is one that can be counted on: an ADR drive or a DAT, DLT, or AIT drive. Make multiple alternating backup tapes. Back up everything on the network server or a key stand-alone PC, every single day, without fail. Store the most recent backup tape or other media out of the office and out of the building. Cycle out heavily used tapes every year or two and replace them with fresh backup media. Have a healthy distrust for your backup system - test it regularly by randomly selecting files from a recent backup tape, restoring them and checking their accessibility. Purchase two tape backup devices, storing one out of the building in a safe place, ready to install and use to restore backed-up information if the primary tape backup device fails or is damaged.

3) Prepare for physical damage to your computer systems and coping with and surviving "worst-case" scenarios. Assume that not only does your office burn to the ground, melting your network fileserver, but that your off-site-stored backup tapes refuse to restore your information. Companies like Ontrack Data (www.ontrack.com) and Drivesavers (www.drive-savers.com) have managed to recover data from hard drives that have been crushed, scorched, torched, melted, flooded, driven over, and worse.

4) Protect your paper files by adopting a paperless office approach and scanning your paper documents to build electronic files (which can then be backed up). It is impractical to photocopy all paper files and transport the duplicates off-site on any kind of regular basis. Aside from its daily operational benefits, scanning your paper documents ensures that a duplicate to every paper file is stored electronically on the computer system and backed up nightly.1

5) Look for data redundancy in the law office software systems you purchase and deploy. For example:

a) Document Management. Many document management systems (like Worldox, iManage, or DOCS Open) have a "document mirroring" or "document shadowing" function. Every time a user saves a document to its Windows folder on the network server, a copy of the document is stored on that user's local hard drive. If the server fails, rendering the network-located documents inaccessible, the user still can work on documents previously saved from the last 90 days. When the network is again operational, typically the local hard drive's "mirror" documents are automatically synchronized back to their proper "original" locations on the network server.

b) Case Management Synchronization or Replication. Many case management systems allow synchronization of network-located case information to laptops, allowing access to a rich range of case information, calendaring and docketing entries, addresses and contact information, and so on, when a mobile lawyer is working away from the office. A secondary purpose is focused on disaster prevention, by synchronizing a case management system, every single day, to multiple PCs in the office - not just laptops, but desktop PCs also. In case of a network failure, multiple computers can access this critical information. Once the network operation is restored or a damaged or destroyed network fileserver is replaced, the individual PCs merely need to "re-synchronize" their case managers to the central system to restore normal operation.

Conclusion

The bottom line is that tragedies can't be avoided, but the effect of a tragedy on both people and technology systems can be minimized by anticipating the worst case scenario and planning for it.

1 Information on the Paper LESS OfficeTM is at www.microlaw.com/cle/plessindex.html.

Wisconsin Lawyer