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Learning About Legal Technology

Are you interested in legal tech? If not, there are plenty of reasons to sit up and take notice. In the last couple of years there has been almost exponential growth in the legal realm, with technological solutions popping up to address just about every legal pain point you can think of. But trying to keep up with what’s new and what’s hot is a full-time job, so we’ve shortlisted a handful of websites that will help you stay informed about what’s in the pipeline.

Law Technology Today

This is a great site that curates the best legal blogs and content related to technology. The contributors are passionate about the subject, and they know what they are talking about. You can take it a step further by checking out their contributor’s page and following the ones you like best on their various social media platforms to get the inside track.

AngelList

AngelList is a site where startups flog their wares, seek out rockstar techies, and solicit funding online. It has its own dedicated section for the legal profession, which ought to keep you occupied for a while.

LinkedIn Groups

LinkedIn has a bunch of groups that keep the legal tech conversation going. Try checking out Legal Tech, or Legal IT Network, but there are plenty more. Whichever you choose, you’ll have to be signed in, and request to join. There are several others as well. View the group descriptions and see which one is of most interest to you.

Law Hackers

LawHackers.co is a site that curates and reviews up and coming legal tech startups. Created by David Bushby of Lexoo, you’ll find a lot of comprehensive information here, and if you are involved in a legal tech startup yourself, you can submit it for inclusion.

Codex: The Stanford Center for Legal Informatics

In addition to their academic focus at Stanford University, Codex is a leader in R&D for computational law, which roughly translates to the area of the legal profession that is dedicated to the automation and mechanization of legal analytics. They have weekly meetings you can join in and listen in real-time, and a yearly conference you can attend in person to meet other legal tech geeks.

Twitter

Twitter is always a great source for connecting with other like-minded legal tech aficionados. Search them out with a hashtag like #legaltechnology, from which you should be able to come up with a solid list of influencers you can follow. While you’re there, check out Evolve Law: they always have a broad range of topics related to the future of law and technology.

Legal Hackers

This is exactly what it sounds like – but it’s ethical hacking, not the other kind. Legal Hackers seek to improve the legal landscape, not tear it down. They are passionate about what they do, which is developing solutions to some of the biggest issues that exist at the crossroads between law and tech. Look for a local chapter, or follow their blog to find out more.

Above the Law

Above the Law has a whole section dedicated to legal tech. There is always new, fresh content on the site, so it’s worth coming back to regularly. RSS it and receive regular updates on what’s going on in the field.

While discovering more about legal tech online is a good place to start, true innovation is happening all around us, every single day. if you’re interested in finding out what’s happening in your city, try attending a local meetup group or a legal hackathon.

Tips for Protecting Confidential Information in The Digital Age

The days of practicing law without having to worry about how confidential information is stored and shared are over. As digital technology evolves, clients generate, store, and share everything, from intellectual property to legal documents, in a multitude of places and configurations. As an attorney, it is your job to take measures to ensure that these documents remain secure and confidential, as this is significant from both an ethical and attorney-client privilege standpoint.

Legal practice is governed by professional codes of conduct that prevent the unconsented disclosure of confidential client information. However, this can be waived if there is no probability that the information will remain confidential. This waiver allows access to the information in question by any opponents to litigation, even if they would not normally be granted access during the discovery process.

To stay abreast of the nascent digital technology, the legal world also has to change. In 2014, the United States Supreme Court recognized the need to protect the privacy of an individual’s cell phone communications. Riley v. California resulted in a unanimous decision that amounted to the acknowledgement that a cell phone contains an abnormally large amount of personal data about the individual (photographs, communications, etc.), which would not commonly be carried on their person in other circumstances. This affected the individual’s privacy in the sense that they had a right to privacy during a search of their person. In light of this ruling, the court would probably rule that a lawyer would have a reasonable anticipation of privacy in conversations over a cellular phone.

The current state of advances in communication technology therefore raises the risk of waiver. Additionally, the ECPA (Electronic Communications Privacy Act), circa 1986, made the interception of email communications illegal, and further states that such interception does not affect attorney-client privilege. While this is generally enforced at the state level, there are several federal cases that have reinforced this ruling, holding that digital communications between client and attorney remain confidential.

If you are wondering what your firm can do to protect your client’s confidential information in light of the current digital landscape, here are three policies that should be implemented immediately:

1.      Devise an information security policy.

This should encompass all information systems and methods of communication, including email, voice messaging, text messages, cell phones, passwords, cloud access, storage, internet access, and all of your computer workstations, portable or otherwise.

2.      Outline a social network policy

This should serve to prohibit the transmission of unauthorized documents or information that relates to clients, cases, or the firm itself on sites like Facebook, Twitter, Google+, LinkedIn and any other sites in this regard.

3.      Establish a document management policy

This is specifically to cover the receipt, transmission, updating and storage of client documents and information, and should encompass hard and soft copies, copies stored remotely, or anything covered by an NDA, confidentiality agreement or a court order.

If properly implemented and diligently managed, these policies will help your firm protect confidential client information.

Malware Pre-Installed on Android Devices?

Recently, a commercially available malware scanner detected an infection of malware that surprisingly came pre-installed on almost forty devices going to two different companies. Check Point Software, a company that makes a mobile threat prevention application, published this article in March of 2017, and states that the apps in question were not part of the ‘official’ ROM firmware as released by the phone’s manufacturers – rather, they were added at some point in the supply chain while the phones were on their way to these firms. This further proves that no matter how careful you are, you can still be affected by a malicious application without even being aware of it.

For the most part, the apps in question were there to steal personal information, and deliver ads to the users of the phones. One such app, called “Loki,” attains system access on the device it is installed on. Another app, called “Slocker,” uses Tor to hide the identity of the people who are operating it.

Affected devices included:

• LG G4
• ZTE x500
• Asus Zenfone 2
• Vivo X6 plus
• Galaxy Note 2, 3, 4, 5, 8 and Edge
• Galaxy S7, S4, A5
• Galaxy Tab 2 and S2
• Xiaomi Mi 4i and Redmi
• Oppo N3 and R7 plus
• Lenovo S90 and A850

The companies that were affected were not disclosed. According to the article, it is unclear whether the two companies were targeted or if they were just a small part in a larger design. Since the ransomware and malware were relatively easy to identify, the consensus leans toward the latter, and nobody seems to know where the phones in question came from, stating only that one was a “multinational,” and the other a “large” telecom company.

But this isn’t the first time around the block for Android and such issues. In November of 2016, a backdoor that was preinstalled on literally hundreds of Android devices was found on phones made by the company BLU. Not long after, a different research team revealed a different backdoor on more than three million Android devices made by the same company as well as others.

This report illustrates why it’s always a good idea to scan new Android devices for malware, especially if the device was bought through a low-cost retailer. Look for a scanner with a good reputation – we recommend Lookout, Malwarebytes or Check Point – all great options, and easy to install and use. Another good rule of thumb is to always purchase your devices from a reputable retailer or website.

Apple Watch Apps that Attorney’s Will Love

While your Apple Watch might not be a total game-changer for a lawyer, it can be very helpful in a number of ways. Primarily, it allows you to disconnect from your iPhone (somewhat, anyway) in that it filters information down to a manageable level.

All you need to do is set your notifications to only deliver the most pressing and relevant information, and voila – you have effectively been able to put anything that isn’t absolutely essential on the back burner. Notifications can be tailored to be remarkably unobtrusive, so you can carry on with whatever you’re doing without being distracted.

Beyond that, there are lots of useful apps that can add to your productivity, streamline your day-to-day processes, and maybe even save you a little extra time. Here are a handful of our favorites, in no particular order:

Just Press Record – $2.99

This app allows you to record voice memos, meetings, or conversations using your Watch. These recordings can then be shared using a range of other applications, like Dropbox, or Mail, or you can send it as an attachment in an instant message. Synchs to your iCloud so that you can replay the recording on any iOS device or through a browser on your desktop.

MacID – $3.99

This app adds an extra layer of encryption to your computer by adding a second authentication step to activate your Mac or MacBook. With the help of an impossibly complex password stored within your Watch, you and you alone can turn on your computer with a single touch and without having to re-enter the password each time.

1Password – Free

1Password also heightens your security, and stores the passwords you use most often in your Watch app. This allows you to access these passwords without having to unlock your iPhone.

ETA – $2.99

If you travel to the same destinations on a regular basis (such as the office, the courthouse or local restaurants), this can be handy for figuring out how long it’s going to take you to walk or drive there. It considers current traffic conditions and predicts local transit times also, if applicable.

App in the Air – Free

Best described as a personal travel assistant, this app delivers an array of information about your travel plans. You can track your flight, view gate information, approximate security wait times, boarding times and more.

Lookout – $2.99

If you’re the kind of person who is constantly leaving their phone somewhere, this is an app for you. It notifies you when you are nearing range limits and out of range, and with one button you can ask it to “scream,” which will help you to find your phone via a loud noise. Earlier versions were a bit buggy, but they seem to be pushing out updates on a regular basis that will hopefully address these.

So if you have been wondering if there are any Apple Watch apps that would be helpful to you as an attorney, here’s a handful to check out. Hopefully these will help you on your quest to be more efficient, more productive … and less forgetful.

Software Platforms with Proven Value for Law Firms

As law firms continue to modernize, there are now more digital tools to help with case management, billing, team collaboration, dictation and other functions essential to your workflow. The challenge is not whether you and your firm can benefit from them, but which software platforms fit best with the way you work.

Software For Billing

Even in the most automation-resistant firms, paper management of billing functions has gone the way of the dinosaur. The most popular billing applications now offer mobile apps and online versions that allow you to track billing details, and will subsequently deliver them into your accounting system. AbacusLaw is one such program, providing integrations with common online payment systems such as Law Pay, and also delivering valuable analytic data so you can track activity against billable hours. This is just one example of the literally thousands of other options available.

Finance & Accounting

Financial analytics and accounting applications can help you manage your cashflow, salary and benefit expenditures, and is an integral element if you are trying to grow your business. One of the most popular accounting platforms is QuickBooks Pro, which offers a cloud-based or on-premise option, allowing your metrics to be accessed anywhere, from any device. As an added convenience, QuickBooks Pro also includes a mobile app, which may help to save time for smaller firms or multi-partner firms who require on-demand access to financial data

Customer Relationship Management (CRM)

A CRM helps you to make the most of referrals, stay on top of existing clients, and track new leads, helping you maintain active contact at every level of involvement. This allows you to stay on top of a client’s mind in several different ways, including through content marketing, timely reminders about ongoing legal matters, or just to reach out for birthday or anniversary greetings. LexisNexis is one of the most popular CRM platforms in the legal realm, but there are many others

HIPAA Compliant Data Storage

While we won’t be able to completely dispense with paper files anytime soon, there is a growing trend towards storing case files and research in the cloud for easy access and collaboration. Though there are plenty of cloud storage options, we are bound by legal compliance, which requires a higher level of security guaranteed. Box is one such, a HIPAA compliant online data storage service that is being embraced by the legal industry. Features include secure FTP, file synch and file sharing, document management, and document tracking, all with the latest encryption protocols in place

Case Management

While we can all agree that the bulk of our time is spent processing files, research data, statements, depositions and various other assets, we can probably also conclude that our time can be maximized using a secure case management and collaboration platform. CaseFox is just such a platform: highly rated by legal professionals throughout the United States, it is easy to use, and allows you to associate files with specific cases to help you better organize your case documents. It also provides integrations with Dropbox, Google Drive and many other popular applications, delivers activity reports so you can see who has accessed files, posted comments, edited or attached new documents

Digital Marketing

We are all battling on a daily basis to maintain our existing client base, land new clients, and attract the attention of potential future clients. Managing social media campaigns, blog posts, and content marketing to your list is all part of a strategic marketing plan. While there are plenty of digital marketing platforms, there are a handful of new entries that are targeted to the legal field, specifically Law Firm Marketing 360, and SalesForce. Both of these platforms offer an end-to-end solution that includes integrated content marketing, pay-per-click advertising, and detailed analytics where you can measure your progress and results.

Your progress depends on your investment in software that can help you better manage your basic functions, as well as to help you market your services to find and retain new business. An emerging trend in legal practice is the on-boarding of dedicated personnel to manage their digital marketing and document workflow, and also to maintain compliance in issues of data security.

As modern law practice moves slowly away from paper to digital management of their legal collateral, there is an opportunity to reduce cost, error and redundancy while improving the bottom line, proving that investment in software tools such as these will really deliver.

Wearable Technology in The Realm of Personal Injury Law

Wearable technology is enjoying a huge surge in popularity. Information, and new ways to organize our lives are on the rise, accessed by devices we wear and carry with us. Our devices can do some incredible things – but how smart are they, really? The truth is, these devices can help you in a big way, should anything bad happen to you.

In personal injury law, wearable technology has the potential to become central to a case, and could help you with your claim if indeed you were wearing a smart device when the accident happened. Such devices record our movements through GPS tracking, and some even track heart rate, and even if you are none too comfortable with the fact that this data exists, it can play a major role in identifying a perpetrator in the event of a personal injury.

Beyond Calorie Tracking

You know that your wearable device can track your activity, such as your steps and calories burned over the course of a day, but this data can be very illustrative when pursuing an injury claim. It can prove what your normal activity is over time prior to the accident, and can show the state of your activity following the event, and this can be used as evidence. Reduced mobility, interrupted sleep patterns and more can be determined, all of which can provide substance to your case. This has been tested in court and proven to be helpful, specifically in a Canadian case involving a fitness instructor. The data was taken from a FitBit device, and analyzed against data averaged from the claimants demographic, and was later used in court to support the injury claim.

Potential Issues

Despite the exciting potential of this technology in the realm of personal injury law, some issues have been raised with regard to the data in question. One issue was brought to bear regarding concerns that were the claimant to give their device to another person to wear that the results may not be indicative of the truth. If the ensuing court case recommended compensation that the claimant did not deserve, the matter would be fraudulent, the claimant would face contempt charges and possibly face imprisonment as a result.

Privacy issues have yet to be addressed, as an individuals data would need to be accessed, but with the rising popularity of wearable devices, there is little doubt that insurance companies will want access.

Conclusions

Can your wearable smart device help you win your injury claim?

While there is some headway being made in this direction, the answer is still a vague ‘yes and no.’ The data at issue is definitely an asset, and can probably help you advance your claim and better your odds of getting the compensation you are entitled to, but with the current level of skepticism and little regulatory protocols, we’ve still got a ways to go.

Law Firms Can Thrive in The Face of Change

The legal profession is not known for its proclivity to change. In spite of this, there is plenty of evidence that supports a new approach: adoption of new technology, the de-emphasis on billable hours, and a greater focus on non-attorney legal professionals (such as paralegals and law assistants) are all good indicators that change is alive and well in the legal landscape. The question remains, then, will law firms and attorneys act quickly enough to keep up with the changing tides?

Larger corporations continue to spend less on professional legal services, which has resulted in heightened competition for the same available work – a pool that continues to shrink as companies run leaner and smarter. The companies that continue to use outside counsel are depending more and more on firms with a strong technological business model in order to automate and consolidate their day-to-day legal needs. Smaller firms and solo practitioners are more often being pushed out of the running, as they can’t compete with what is seen as a more efficient way to conduct business.

On the other side of the coin, small businesses, entrepreneurs, or the average person have new options when it comes to choosing legal services – options that do not include hiring an attorney at all. Innovative services like LegalZoom, for instance, provide customers with better access to legal advice and assistance, and there is a certain pressure on lawyers to remain competitive, especially solo practitioners and new lawyers who are just building their practice. As a result, attorneys are slowly losing business.

During this nascent time, and as the industry and new technology continue to evolve, here are some helpful strategies you can put into place to give yourself, or your firm, a better chance at success in the face of constant change:

Focus on Client Retention

Develop a business model that is aimed at maintaining what you have already worked so hard to achieve. Reach out to your clients to make sure that the work you are doing for them either meets or exceeds their needs. Solicit feedback, and be open to new ideas. Find out about your client’s future plans, and identify ways in which you can help. Keep the communication flowing, always follow up, and if possible, enhance your efficiency in a way that they will notice. Your existing clients are probably the most important part of your practice. Putting them first is never a bad idea, as it leads to referrals and a better overall satisfaction quotient.

Evolve Slowly: Baby Steps are Often the Smartest

You need to expand, but you also have a business to run. Placing too much focus on change may take away from what matters most, which is business continuity. Start with one or two ideas, for instance, you could publish a timely industry article, or organize a client presentation on a hot topic before you dive into a full-blown content marketing initiative. The first two can be a lead-up to the marketing plan, but it’s always better to start small before diving into the big plan.

Find Different Ways to Discover New Business

This also extends to how new clients find you. Think outside the old referral-and-networking box, as it just doesn’t work like it used to. The issues tend to be about mutual fit: having the right kind of expertise at rates that are competitive is a good baseline, but marketing yourself or your firm aggressively is not the way to go. Online platforms such as Google, LinkedIn or legal-specific platforms such as directlaw.com can help you reach more people in less time, while leveling the playing field in the process.

Remain Proactive, Finesse the Approach

Bottom line, it is important to be proactive, but the changing face of the legal services market, as well as public attitudes towards technology and marketing necessitate a more finessed approach. Strive to keep what you already have, improve customer service, and find out what the next generation of legal clients really want in a firm – then give it to them.

Your Website is Your Calling Card

There is no way around it: having a website is an absolute must for any law firm. There is no substitute, and no matter how strong your following is on social media, your website remains the single most integral point of contact for your clients. It is a way for them to discover more about you, what you have to offer, and how to get in touch. That said, just having a website is not enough: it’s got to effectively convert your visitors into customers, because without them, you might as well not be in business at all.

Some lawyers may say that they don’t see the value in having a website as they don’t get a lot of business from it, but it’s what’s missing on the website that is the problem, not the concept.

Regardless of what your philosophy is, modifying your site into a converting machine is not difficult, and it will likely deliver results pretty quickly. Here are some website conversion tips to help get you started:

Your Contact Information Should be Easy to Find

Think of your business card. On it, you’ll find a myriad of ways in which a potential customer can get in touch with you – your office phone number, your mobile, email, and your web address, maybe your social pages too. Your website needs to feature this information also. It should be clearly accessible on every page, preferably in the footer, plus you should have a contact page with a form where clients can leave a more detailed message if they prefer. Some websites also include a map module that shows where your office is located, but that is entirely up to you. The important thing is that the contact info should be more than just a button buried on a page – it should be easy to find and on every page. Don’t make people hunt for it, because in the time that takes, they may go elsewhere.

Calls-To-Action, or CTAs

A CTA is a very important component of a converting website. If you tell people what to do, in all likelihood, they will do it. A CTA is not a contact button, or a separate page – it is literally a command, peppered into the site’s content, encouraging people to pick up the phone, fill out the contact form, email you for more information, or something similar. You should be placing CTAs at the end of every article you post, and on every content page. If you don’t, they will probably get the info they need from your post, then click away to a search engine to continue browsing for another lawyer. Don’t just expect people to do something of their own volition: making a suggestion goes a long way to getting results. So, close every article with something like “Call today for your free consultation,” or maybe “Get started planning your will today.” You can play around with the commands to see which ones get the most action, but the more the better. For instance, image-based CTAs can multiply your conversions by two or three times over simple text. You should also include social media buttons in your CTA strategy, as it’s a great way to source new clients. You might hate it, or think it’s a waste of time, but it’s a valuable tool and quite necessary, even for law firms. You give them some info, then tell them to call, email, click-to-chat, or connect to your Facebook/Twitter/IG page for more. Hook them, and then reel them in. That’s what a CTA does.

Start Blogging

Blog posts are a really great way to convert your website visitors into customers. What’s that you say? You don’t have a blog? If you don’t think having a blog is important, think again. Your blog can be one of your biggest assets. The concept is simple: you just can’t have a website that is only about sales, services, and you – you need to talk the walk. You need to convince people that you actually know what you’re talking about, and a blog is the single best way you can accomplish this. If you need some more convincing, consider these points:

1. A blog based on actionable advice will drive traffic to your website
2. A blog will position you as a subject-matter expert, and people will come back to get more of your awesome information
3. A blog will supply you with content that you can then share on your social media platforms, which will drive traffic back to your website
4. An engaging blog will encourage others to link back to your site
5. The more fresh, unique content you post on your site, the higher your search engine rankings will go

On your blog page, your sidebar (or footer) can contain all of your contact info, a signup box for your newsletter or blog, and of course you’re going to have a CTA at the end of each post. Make that CTA into an image CTA and watch the leads pour in.

A note about blogging though – try to write them yourself, or have somebody write them for you. You can get ideas from other sites, but plagiarism on the web is the SEO kiss of death, as search engines will penalize you for duplicate content. We’ll leave the SEO discussion for another day, but keep in mind that you probably have a lot of great information locked up in that brain of yours – so let some of it fly. You might be pleasantly surprised at the response.

Conclusion

If we have resolved that having a website is an absolute essential tool in your marketing strategy, we can also conclude that it must be set up to convert. Look at any major, successful law firm’s website and take a page from their book. It’s not limited to law firms, either – this is online marketing 101. Modifying your website into a converting machine is not difficult: make sure it’s easy to find your contact info, and use a variety of CTA buttons to encourage people to reach out. Start posting useful, helpful articles on your blog, and share these on your social media pages to drive traffic. Start with these simple concepts, and your business is guaranteed to improve.

Voice Technology Boosts Productivity

Much of the world gets excited about having the newest and latest tech gadgets and apps to make their life and work easier, however, the legal profession is historically one of the slowest to adopt new technology. Some attorneys are still using dictation to create documents, and many still use dictation machines or even some form of cassette tape recorder. While these methods might work just fine in the context of the tried-and-true workflow that you have adopted, their efficiency is paltry compared to new digital and mobile technology.

These days, there are smartphone apps specially designed for the legal profession, apps that many attorneys use to create documentation, summaries, letters, and briefs while on the go, in the office, or on their way to client meetings. These handy software applications are integrated with speech recognition, so that when the recordings are transferred to the legal assistant or secretary, the app transcribes it, so the assistant only has to proof and format – saving a whole lot of time and money that would otherwise be spent on listening, typing, and creating a document from scratch. This creates more time for your assistant to spend on other things, boosting productivity and helping you get things done faster, and more efficiently than ever before.

Since some offices may be resistant to adjust their normal workflow, a gradual process of implementation might be the best strategy. Test the waters slowly, and let your attorneys see how much easier and faster the work gets done; productivity will rise, efficiency will increase, and the ultimate result will be that the attorneys will have more time to serve more clients, thus sending great value to the bottom line all around.

Adopting Mobile Technology

Even established firms can learn new tricks from time to time. The first step, if you haven’t already accomplished it, would be to migrate from using analog voice recorders (such as cassette tape) to using a software-based digital application. The quality of today’s smartphone dictation apps is on the rise, and it will be easy to see very quickly how much better this technology is than whatever you were using before. You are likely to see immediate benefits in many areas:

• Ease of use
• Record, edit and send from your mobile device
• Instant transcription
• High quality voice recognition, leading to fewer transcription mistakes

Implementing a New Digital Workflow

As with most things, if a technology, an application or a workflow gets in the way of productivity, or if it’s difficult to use, unintuitive or if it slows you down, attorneys will be resistant. Try testing out your new workflow on one attorney first. If he/she is enthusiastic about it, and wants to continue using it, that will go a long way towards convincing the rest to get on board.

As for choosing the right dictation app, you need to consider one that will handle the volume of work you might throw at it. It should be something that offers the ability to database and create a hierarchy of multiple files, as some attorneys may be working on more than 100 cases or more at a time. Since mobile apps are housed in the cloud, files are always accessible to the user, who can return to, edit, transfer, transcribe and send as needed. The assistant receives a notification from the app when a new file is sent, showing who it came from and what case it pertains to. The document can then be created, reviewed and shared with the client, providing them with an appreciably shorter document turnaround time.

Save Time, Money & Run a More Efficient Law Practice

Dictation apps are becoming more and more efficient all the time, having the ability to ‘learn’ the speaker’s voice and diction, and most being able to transcribe in real-time. It’s as simple as speaking into the microphone, either on a smartphone or through a desktop computer, and directly editing the result once it is completed.

Some of the immediate benefits you will see include better compliance with electronic case filing standards, and reduced costs as you will no longer need to outsource your transcriptions. Additionally, your attorneys will love the efficiency of the process, and the ease with which they can manage their database of recordings. The mobile application gives them the freedom to work on the go, and frees up more time to serve existing clients, and drum up new ones.

Helping you work smarter, not harder, electronic and mobile voice dictation and transcribing technology will change the way you do business, providing immediate results that you can take to the bank.

Disaster Recovery Basics for Law Firms

Disaster recovery is a bit of a buzzword in the IT landscape these days. With most companies running leaner, and more and more opting for cloud-based solutions and virtualization, the IT ‘department’ has gone the way of the Dodo. The dedication, the skill-sets and the understanding of our powerful computing tools are still needed, but not nearly as often. Most times, in fact, what we need can be supplied by a software solution, requiring only minimal human intervention on our part. Before you take this advice to heart, though, the basics of your security and disaster recovery protocols must be in place so that if any kind of disaster strikes – whether through a massive power outage, or if the entire building burns to the ground – you can get the information you need to make decisions quickly and get back up and running in a minimum of time.

In Disaster Recovery One Size Does Not Fit All

Each individual firm must define their own needs for protection. What makes sense for the large litigation office may not for a smaller firm. For a small office, a single daily backup may be sufficient, but in a more complex scenario with highly sensitive data, the needs may be much greater. In the latter case, with so much at stake, backing up every hour may be more prudent, but it all depends on the volume of data being created, how often it is being updated, and what systems need to be protected.

Disaster Recovery Basics

The various disaster recovery tools you employ should offer some flexibility in defining your protocols. One hard and fast rule of backing up is the 3-2-1 rule: three copies of the backup should be made on two different media, and one copy stored in a separate location. This could be defined as a physical server backup, a cloud server backup, and a disc that is stored in a safe off-site. That way, all of your critical files are protected from any happenstance, and can be restored from any of the three backups that are available when and if you need them.

Next, you must determine two things: your recovery time objective (RTO), in which you must determine the amount of time that you can reasonably continue to operate without unacceptable consequences. For firms that process and disseminate a large volume of data, the RTO tolerance will likely be very low. The recovery point objective (RPO) is the amount of time you can operate before the data lost begins to seriously impact your operations.

Tools of the Disaster Recovery Trade: Managing by Exception

When devising your disaster recovery plan and putting the appropriate tools in place, efficiency and expediency is the name of the game. Consider the following:

• Is your DR solution flexible enough to allow you to stipulate different thresholds for your various systems?
• How is your IT staff alerted to the protection status? Do they access this data via a dashboard, and if so, does it allow them a quick snapshot or do they have to log in and go digging for the information or backups they need?
• Does your DR system notify you when your protection falls outside of your established protocols, RTO or RPO? Or are you limited to non-specific status alerts, such as a simple statement telling you that your backup failed?
• Does your DR solution integrate with your current systems, giving you an overview of all of your IT monitoring and management tools?

If you can answer these questions positively, you are in a much better position to successfully self-manage your disaster recovery protocol.

Whether you use an outside consultancy, or have in-house IT personnel, keep in mind that time is a commodity for them as much as it is for you. Having clear systems in place and dedicated people to maintain them is key. Without somebody to tend to the most basic functions, you can have every possible system in place and it may still fail.

In order to make a self-managed approach workable, your IT team needs to examine what solutions are available, and determine whether they allow the ability to specify the tolerance thresholds that you need to maintain business continuity. The establishment of these parameters combined with alerts and notifications will contribute to your ability to manage operations and protect your vital systems and data more effectively, freeing up a valuable commodity in the process – time. And as we all know, time is money.