Backups

 

                One of the most mundane yet important topics for any modern law office computer system is how it safeguards the extremely valuable work product accumulated over the life of the law firm. This is not a romantic or even overly interesting subject but it is a crucial one.

 

            Let’s look at a scenario which has occurred repeatedly in law firms over the years. The last person to leave for the evening, an associate of a four attorney law firm, shuts down his computer for the evening, turns off the lights, and locks the door to the office before going home. The next morning, when the associate arrives, he finds a smoky, charred ruin. The office has burned down to the ground! As the attorneys and staff sift through the rubble, the clients begin to arrive for the day. The senior partner calls the attorneys and staff together and tells them to “Grab a pad and write down everything you can remember about what needs to be done for our clients. We can’t afford to miss a deadline on top of this disaster!” All of them take one of the new notepads delivered by the office supply house and begin scribbling furiously, desperately trying to take down every appointment and deadline they can recall. Some client appointments are missed, a few court appearances are only kept with the assistance of the clerk, and many billable hours are lost redoing lost work product.

            Now let us imagine what the situation would be if the firm kept a good system backup. The senior partner makes a few calls and locates a temporary office space and leases some new computers. The computer technicians set up the new system and restore the data from the backup which was kept off-site. This information was current up to the day before the fire so only the work performed the day of the fire has been lost. If the firm used a case manager, even the daily appointments, court docket, and other client information is back in place within 48 hours.

Of course, all of the paper which has not been placed into the computer system is lost. Also any originals stored in the office. However, this is a much better alternative, isn’t it? With a minimum of disruption, our fictitious law firm can now go back to serving its clients. 

            If this hasn’t convinced you of the value and necessity of performing daily system backups, then you can stop reading here. If you want to learn more, then read on.

 

The duplication of data (i.e. computer files) in some place and form other than the original is called a backup. The data can be duplicated many different ways and in many different formats. Performing this operation for your entire computer system is called a system backup. As I stated in previous articles, there are six key questions to ask regarding the decision to implement a certain technology in your law office. Let’s look at the other five keys to see how this technology should be applied to your law firm. (We have already illustrated Why your law firm needs this technology)

 

First of all, What is a system backup?

 

            In essence, a backup is just the duplication of data on the computer. The duplication can be done manually or automatically in a variety of ways. There are also a number of different types of media which can be used to store the data. Let’s look at the types of media first.

 

            The most prevalent media used for backing up data before Windows 95 was the floppy diskette, available in various configurations from 320Kilbytes to 1.44 Megabytes. The clear favorite of today is tape.  The shift occurred primarily because of the proliferation of programs written for Windows 3.x and 95. While most DOS based and many Windows 3.x data files were small enough to fit on one or two diskettes, the graphical nature of Windows 95 has dramatically changed the file sizes of the data stored on the system. The program file size has increased even more dramatically. Windows 95 itself requires almost 100 MB (~70 3.5” floppy disks) all by itself! This increased file size has required an alternative to floppy disk storage solutions. Let’s look at some of these solutions more closely.

Tapes are available in a variety of formats from ¼” QIC to 4mm DAT and now even 8mm tape. The type of tape affects the amount of data which can be stored, the speed at which it is stored, and the overall cost. Current 4mm DAT tape can store up to 8 GB (that’s 8000 MB or about 5500 1.44 MB floppy diskettes) at about 30 MB per second. Other backup options include Zip Disks (100MB), Jaz Disks (1-2 GB), MO or Magneto-Optical Media (500 MB – 5.2 GB), rewriteable CD (640 MB), and soon rewriteable DVD (~5 GB). These methods are not as prevalent as tape but each has unique advantages and disadvantages. For instance, tape is not nearly as fast as MO or JAZ disks but it can hold much more data. Tape is also cheaper than most other methods.

For firms requiring even greater storage needs, there are rotating assemblies which will automatically remove and insert additional tapes or disks. These methods can increase storage capacity into the terabyte range (1000’s of GB).

 

            The methods of backing up a system are generally linked to the type of media chosen for the job but there are a few constants we can look at for guidance. The first constant is the order of importance of the data in the computer system.

The most important data on the computer system is the law firm work product. Programs can be reinstalled from the installation disks without much of a headache but the documents and other files produced cannot. Don’t forget that this includes more than just the pleadings, leases, contracts, etc. It also includes data contained in PIM’s (Personal Information Managers), Case Managers, and other databases.

Next in importance are the configuration files for the operating system. This includes files like the Win.ini, System.ini, User.dat, System.dat, etc. This also includes configuration files for other programs like MS Word, WordPerfect, MS PowerPoint, etc. These files contain the customized settings which the user has set up while using the program. Backing up these files will save the law firm time, time which can be used to produce new work product rather than resetting program settings.

Last in importance are the program and operating system files. The capacity of your backup system will determine the volume of files which can be stored. Use the above priorities to select from among available files when your system cannot store everything. With programs like MS Office 97 taking up about 200 MB, the majority of space on your system will probably be program files. By being selective about what you backup, your firm can save on hardware costs and time.

 

The next constant involves the methodology of performing a system backup. Optimally, the best time to do a backup is when the system is dormant. This means that, for most firms, after-hours is the optimal time for the backup to occur. Most backup programs handle this without any difficulty once they are properly set up. The real trick is to get them properly set up in the first place.

Another aspect of methodology involves the amount of data which is stored at each backup session. Backups can be done by completely storing the desired data at each backup session or it can store only the items which have changed since the last backup. This is called an incremental backup. It dramatically lowers the time required to perform the backup since only the changes will be stored. It also allows smaller (cheaper) capacity tapes to be used for the incremental backups. Generally, the scenario would require a new full backup on each Monday evening. Incremental backups would then be done each evening through Friday night. The same pattern is repeated each week. The incremental backup requires special software in order to perform this function. Most of the available software is aimed at tape systems but well written software will allow the same capability with other types of media.

 

Who should worry about making sure the information or data in the computer system is “backed up”?

 

Every law firm, without exception, needs to establish and carry out a back up plan for the computer system. The proper use of a back up method is equivalent to keeping photocopies of everything in the office safely off the premises. Valuable papers insurance, which many firms do not carry anyway, will only provide monetary relief in the event the papers are lost or destroyed. It does not replace the actual papers themselves. In contrast, a good back up tape will completely restore all of the computerized data quickly and efficiently. Even after a major fire or flood which wipes out the entire office, the computerized data can be restored to a replacement system within hours and the law firm can continue to serve its clients while the office is being rebuilt. This capability is simply not economically feasible with paper systems.

The firm should designate a particular individual to oversee the backup operation. This will provide accountability and focus responsibility for supervision. It will also effectively delegate authority to enforce the actions necessary for its success.

 

When should a firm perform the system backups?

 

            Daily.

 

Where should the system backups be kept?

 

            At least one copy, preferably the previous days copy, must be located off-site. This will keep the most recent data in a place safe from an office disaster. Of course, if your office AND your house burn down in the same day, then you will be relegated to disk recovery methods. (More on that later.) You will probably want to avoid Atlantic City for a while too. (I wouldn’t bother with Ed McMahon or Reader’s Digest either.) The use of a fire-proof safe is cheap insurance in any case.

 

How do I implement a backup system?

 

            First, you need a backup plan. Put it in writing and make it a part of your law firm manual. Make sure everyone in the firm understands and carries out their responsibilities with regard to the backup plan. As stated above, one important step in accomplishing this is to designate a System Backup Supervisor to oversee the plan.

Next, decide upon the media type. Factors include the amount of storage needed, the length of time desired for backup, and the cost. Finally, decide upon the methodology. Full backup or incremental. Other decisions include: What time will it be performed? Who is responsible for setting it up and ensuring it is working properly? Who will test the backup periodically to ensure that good backups are being obtained? Who will ensure that all computers are properly shut down at the end of the day so that all data is available?

These and other questions must all be answered before the plan is complete and your firm is properly protected. If you decide to do this in-house, remember the opportunity costs involved. If the employee could be earning income for the firm instead of working on the backup plan, then it may be less expensive to hire a consultant or service provider to assist the firm.

 

Disk recovery

 

If you haven’t implemented a backup system yet or if it is unusable for some reason, and a computer disaster occurs, all is not lost yet. A number of providers around the country perform data recovery from hard disk drives or tape that is otherwise unusable. This process is slow and expensive but still cheaper than the alternative. It is amazing that these companies are able to recover the data as well as they do. I have seen pictures of computers destroyed by fire or flood, the case melted or full of mud, and these companies can still recover over 90% of the data in many cases. However, I should reiterate that this is definitely not a viable alternative to implementing a system backup plan. It is only a last ditch effort at salvaging some portion of data otherwise unrecoverable. 

 

Disaster Recovery Plan

 

            The system backup should only be one component of the law firm’s disaster recovery plan. The disaster recovery plan should encompass all aspects of a potential office disaster. This includes where and how to obtain new computers, which technical service provider to call, insurance provider information, and all other information pertinent to a given situation. The best way to come up with a disaster plan is to meet in a group and let imaginations run wild. Write down all scenarios, however ridiculous they may seem. Then review them later in another setting, keep the most likely suggestions, and formulate a plan for each of them. Try to be comprehensive without focusing on the computer system. The computer system is a vital part of the law firm but there is a lot more to a firm than that. Make sure you protect all of it.