Not only hurricanes: Preparing for disaster
By Carol L. SchleinSince
Hurricane Katrina hit Louisiana and Mississippi, I’ve been
reviewing the precautions I take to protect my family,
belongings and business. I’ve been thinking a lot about what
I would grab if I had limited time to evacuate. The
magnitude of the disaster also made me rethink what
additional steps to take to protect my business assets.
Some people initially
compared the ravages of the hurricane to the devastation of
the 9/11 attacks. As someone who helped lawyers in offices
near the World Trade Center within the first month, I’m
keenly aware there’s a big difference between the havoc
wreaked by the terrorists and the damage caused by nature.
Lower Manhattan was primarily a business area; people who
worked there lived elsewhere. As a result, they could set up
temporary offices at home, forward their phone number and
move their computer. In contrast, many lawyers (and everyone
else for that matter) in Louisiana and Mississippi lost both
their home and office.
In the aftermath of 9/11, a
group of legal technology consultants banded together to
offer pro bono assistance to lawyers (primarily small firms
because the larger ones for the most part already had
disaster plans in place and had greater resources) to get
them back in business.
Using the same model, many of
the same consultants are providing assistance to lawyers in
hurricane ravaged areas. Through a combination of volunteers
and a heroic effort by Ross Kodner of Microlaw and Dale
Tincher of Consultwebs, a website was established,
helpkatrinalawyers.org, as a central source of
information for attorneys as they begin to seek help
restarting their practice. Lawyers wanting to help those
needing legal services to deal with such matters as
insurance agreements can sign up on the American Bar
Association’s website,
abanet.org/katrina.
The Louisiana Bar estimated
at least one third of all New Orleans lawyers were unable to
either access their office or find a way to resume their
practice. And a huge number of individuals and businesses in
the affected areas undoubtedly will need disaster related
legal services. Lawyers, vendors, bar association practice
management advisers and legal technology consultants have
joined to assist attorneys resume their practice and provide
those desperately needed services.
Early
questions
To date, there have only been
a few inquiries. One came from a New Orleans attorney who
was able to move his computers from his office to his home,
was able to run the programs on them but needed assistance
setting up a network at home to connect his computer to his
secretary’s. He also requested donations of various computer
parts such as keyboards, monitor, mice and speakers.
Another early inquiry came
from a sole practitioner temporarily located in Huntsville,
Ala. Her server had been in several feet of water for an
unknown time and she sought advice about whether data from
the drive could be salvaged.
With the massive relocation
of people from New Orleans, one of the first tasks has been
to contact the U.S. Postal Service to ensure mail will reach
these attorneys in their new, hopefully temporary locations.
Several consultants suggested firms keep a current accounts
receivable list from their billing system so they can
collect money for work already done to help tide them over
while displaced. The only flaw with this advice is the
distinct possibility the people from whom you intend to
collect also are displaced.
Reaching
staff
During and immediately
following a disaster, it is important to be able to reach
all your staff and ensure they’re safe and sound. For small
offices, each employee should have the others’ home and cell
phone numbers recorded into their own cell phone for quick
contact. Of course, this assumes cell towers are still
standing. Backup communications such as text messaging and
phone cards for pay phones were useful Sept. 11. Similarly,
forwarding business telephones to home locations should be
done as quickly as feasible.
One of the hidden benefits of
e-mail, particularly if you have your own domain name and
e-mail addresses tied to it, is that it can easily follow
you. While it pales in comparison, I recently was without
internet access in my office for several days. Fortunately,
I had recently replaced my old cell phone and failing Palm
Pilot with a new Palm Treo 650 cell phone. I was able to
monitor and respond to critical e-mail through my telephone.
I realized this now is an important part of my backup system
in the event of a disaster. If needed, it also would allow
me to see what client engagements were scheduled and would
allow me, if I were a litigator, to contact adversaries to
change deadlines (once they had forwarded their office
phones and were reachable). A spare battery for the phone is
on my shopping list for obvious reasons.
The most difficult issue
right now is getting people with the right technical skills
to the offices of lawyers who need assistance. The first
inquirers have been able to access the internet, enabling
them to reach the aid sites established by the group of
consultants and those set up by bar associations with offers
of legal assistance and other resources. Remote access tools
such as Gotomypc.com, Logmein, Webex, Placeware and
GotoMeeting will allow those of us around the country to
assist with reinstalling and configuring software as well as
providing remote training for any new applications the
lawyers purchase.
Avoiding
disasters
Previous columns have dealt
with the “what to buy” aspects of equipping an office. In
light of the hurricanes, I’ll focus on related steps to
avoid disasters.
When purchasing equipment,
make sure there’s adequate insurance to cover replacement.
Contents insurance is equally important if much of your
client related information is still on paper. Unless you’re
in a two or three person operation (and sometimes even that
size office may need more infrastructure depending on the
workload), you should have a dedicated server — that’s a
computer with a larger hard drive that’s not used as a
workstation to centrally store documents and data. The
advantages of a server are that it can be configured with
multiple hard drives that each have a copy of the firm’s
data (mirroring) and can be pulled out (hot swapping) when
you need to flee your office in an emergency. Servers also
are designed with higher quality, less faultprone
components. Also take along at least the latest backup tape
and a copy of the backup software so you can restore your
data onto a new computer if necessary.
While we still haven’t
achieved the truly paperless office, we’re noticeably closer
than a decade or two ago. Having had my own law office
technology consulting firm more than 15 years, I’ve
accumulated a large number of documents and records, both on
paper and computer. Thankfully, much of the critical
information for continuing to run my business is now in
digital format.
For nearly 10 years, I’ve
used Time Matters to store my contact list, projects or
matters, calendar, tasks, documents, phone records and
e-mail. For the past two years, I’ve also used the Billing
Matters addition to manage my firm’s timekeeping and
billing. As with other case management programs, Time
Matters allows me to synchronize my data to my laptop and
carry most of the key information (contacts, cases, to-do’s
and events) on my Palm based phone. An inexpensive USB hard
drive also can be good additional backup and is especially
easy to carry since most will fit in a pocket.
Scanning
I try to scan most of the
notes I take at clients’ offices and documents I receive by
mail, so they’re also digital and stored on my network
server’s hard drive. If your firm doesn’t have a scanner,
consider it one of the most important steps in preventing a
total disaster. Remember, while the news has been full of
hurricanes, there are many more mundane types of disasters
that occur with greater frequency. Office floods, fires and
extended power outages are much more common than category 3
hurricanes.
Now that most of us have high
speed internet access, the potential for high speed off site
backup is possible. (If you don’t have high speed internet,
get it yesterday!) There are many services available, but do
your homework to ensure the company you’re sending your data
to has taken sufficient precautions and is financially
stable to still be there the day you must restore your data.
I’m reminded about a Los Angeles attorney who had his paper
files stored in a vault under one of the L.A. freeways until
it collapsed in an earthquake.
There’s much good material on
the internet about preparing for disasters. From my
standpoint, the most important tasks are thinking about and
listing the steps to take regarding phone numbers, policy
numbers and other critical information, keeping it current
and remembering to take it with you each night. The most
prepared people are those who assume each time they leave
their office they may not be able to return for an extended
time.
Carol L. Schlein is president of Law Office Systems in
Montclair, a training and consulting firm specializing in
law firm automation. Copies of her previous columns are on
losinc.com, which also lists upcoming meetings and training
classes. For information, e-mail
info@losinc.com or
check the website. Schlein formerly chaired the Computer and
Technology Division of the ABA Law Practice Management
Section and can be reached at
carol@losinc.com.
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