Posts Tagged ‘Backup’

Documents in the Clouds

I spend a large amount of time and money each year worrying about “backing up” my data files.  Years ago, I decided to centralize all my files on a File Server.  A peer-to-peer network was good for distributing processing, but a disaster when you are like me, working on multiple PC’s. I do that so that I can test software on different environments.  Once I decided on a central file server (realize the decision was not rocket science), the issue came on appropriate backup routines.  I tried tape cartridges, but most were too slow and too small.  I currently am working with a RAID-V server array, removable hard-drive backup, combined with MozyPro.  The system works, but is not ideal. The hard-drive backups are not swapped often enough; MozyPro took forever to get all my data, and afterwords, is quite slow on the restores.  And so, I am now looking into a “cloud” solution, in particular NetDocuments.

There is a distinction between “backup” and “DMS”. A backup is an archive of your documents that is stored in a batch process, in a compressed fashion.  A good backup solution allows you to have multiple versions of your documents (the “way back machine”) even where you did not consciously make versions of a particular document.  That feature is one of its strengths when “disaster strikes” to an individual document, the inadvertent deletion of a large portion of a document, such as would be otherwise irretrievable.  In examining a “cloud-based” DMS, I am not “dissing” the value of a “file-server” solution.  Given sufficient resources, time, hardware, and money, you will be able to set up and configure a Document Management System that is safe, secure, fast, efficient and well indexed.  There are a number of well-proven DMS technologies, including iManage, DocsOpen, and Worldox.  There are also DMS components available in several Practice Management solutions, including Time Matters, Amicus Attorney, and PracticeMaster.

However, indications that a “cloud based” DMS might be an alternate arise in a few areas:

  1. A small law firm that does not have a full-time IT person or a robust server architecture.  In this case, the costs of server configuration, backups, and maintenance, may be such that no current DMS solution exists.  Costs in terms of lost documents, document corruption and lost billable time when trying to “find documents” need to be measured.  Setting up a “cloud based” DMS adds a level of organization, security, and inherit backup.
  2. A small to midsize firm may wish to share documents with its clients, giving them effective access to their files.  In such a situation, setting up a “portal” may be too expensive and difficult to maintain, and the “email attachment” game may be too confusing.  With a cloud-based DMS, client access on a matter level is a matter of setting up a use and giving them access to the matter files.
  3. A large firm may have offices in multiple locations.  In this case, document may exist in “islands” across the different offices.  While you can search across “islands” searches by default don’t do that, often for speed issues. Grabbing documents across the firm’s VPN can be intolerably slow. By contract, a cloud based DMS would have the entire firm’s documents online.  Access speed would be a matter of speed of internet connections.

Now I am beginning my exploration of cloud-based DMS.  For years, my needs have been met by Time Matters document profiles and a File Server.  Recently, I found myself in France (on holiday) and my server’s internet connection went down.  I was working “remote”, and the server was still working, but I was effectively cutoff from all my files. It was a fluke “brownout” in my office that took our the router.  While the router should be “restarted”, it didn’t trigger my modem, so the whole network was effectively offline. If I had a cloud based DMS, that would never have happened.

Toss Out Your Server – No Really!!!

The computer-industrial complex has been on a mad race of hardware, software and services to shape us “users” in their own image.  With the drop in prices for hardware, it seems that a “network” is in everone’s reach.  Microsoft is even shipping a “home server” – instant network in a box.  What is missing in this hardware and software gold rush is that few of us, myself included, are capable of properly managing a network and hardening that network against attack.  And there are a lot of malevolent forces out there ready to attack.  As a result, we find ourselves relying increasingly on the gray wizards of networking, often calling them in when it is too late.

At the same time, we have been increasing our focus on collaboration, whether it be with other lawyers or consultants, with our clients, or with the people who support us.  We find ourselves needing to “share” more of what we do, but to do such sharing in a secure and limited environment.  We also find ourselves in need of accessing our “practice management” information from anywhere on a wide range of devices as more and more of the “free minutes” of our life become scheduled.  And when that fragile network put together with spit, string, and band-aides goes down, when that connection is lost, we are lost and helpless.

And so, in looking at these costs, I want to throw out my server and go completely virtual.  I am not sure the technology is “all there”, but a lot of the pieces are already there.  These pieces exist in cloud offerings, whether they be MozyPro backup, GoogleApps, or an Advologix or HoudiniEsq.  The key to making this switch will depend not on the quality of the software, though that will be a factor, but on the “openness” of the systems, the presence of an easy-to-use API, the ability to support third-party apps and plugins, device agnosticism (the ability to access data from ANY device).

It will also depend on security, privacy, and off-line access or full system backup.  The power of desktop and client applications has been in their diversity and adaptability.  There is an App for everything.  With the ubiquity of the Windows platform, niche markets have developed for law firms, and within the law firm space, small, mid-size and large practices.  These systems, by and large, have have been well-suited to the needs of attorneys. However, many of the software developers have not kept pace with changes in technology and usage. Rather, they have staked out their turf, barricaded the walls, and tried to become “all-in-one” solutions. In so doing, they have failed to follow their user base to “Google Calendars”, to “NetEvents”, to web workspaces, or to the iPhone, Blackberry Storm, or Android.  They have failed to build “lite” web apps that can be accessed on underpowered Netbooks working on broadband or wireless. They have neglected the “lifestyle” choice of many users to choose a Mac as their platform of choice.  They have made it too difficult and expensive to open a “client portal” into the data on the system.

The Software-as-a-Service (SAAS) model tosses the whole paradigm on its head.

FIRST and foremost, it eliminates the upfront cost.  Have laptop and a web connection, and you are off to the races.  In fact, while at the races, you can do your work. Maybe your horse will and you can retire.

SECOND, the SAAS model changes the whole pricing paradigm.  You pay based on usage, volume and space, or some combination.  The hardware and software are blended into the service. If you need to expand, you get an additional license.  If you have to contract, you revoke that license. If you need extra storage, you pay for it when you need it.

THIRD, the SAAS model is a service.  It entitles you to ongoing support and updates in its very structure. You no longer have to time your upgrades for your budget. And, you don’t have to budget for the transition costs in the upgrade. These items are automatic and provided as part of the service.

FOURTH, additional features are commoditized as “plugins”.  Some plugins are public products that hook into other services.  Others can be custom-built to order by certified (or uncertified) professionals. Or, in a number of cases you can build them.  In evaluating a SAAS service, look to see if there is an community of application developers with apps to hook into your core system.  The more apps the better.  Also, look to see whether the program itself is customizable and configurable.

FIFTH, look for an exit strategy.  This can be a “local client” that runs the data, or a full system export. The latter is more important. If you ever have to migrate to another system, you need access to “ALL” your data. Most SAAS models will have an exit strategy, a way for the user to take ALL the data local into a “non-proprietary format”.  This is essential for cloud-based services where the terms of services require that you OWN all the data. An element of ownership is the ability to take the data with you.

Going Paperless – The Legal Stuff

Have you ever considered going truly “PAPERLESS”?  If you do, did you plan on telling your clients?  And what do you do with all their STUFF? The answer may lie in your client engagement letter.  So long as you disclose to your client what you are going to do with the documents in his/her case, and so long as you keep originals of those documents you are legally and ethically required to keep, you should be in a position to go paperless without increasing your risk of malpractice.  Wells Anderson and I have developed some model language that you can you in your engagement letter.  We give it with the caveat that while we are lawyers, we are likely not admitted to practice in your jurisdiction, and second we are not offering this language as legal advice.  We are asking you to consider this language and review it in light of your firm’s document retention procedures and your state’s legal and ethical requirements regarding document retention.

Here is the proposed language that could be used in connection with a policy to SCAN all incoming documents, and PDF all outgoing documents.  These documents could be profiled in Time Matters, and placed in folders organized by Matter.  This policy also envisions that you would have an off-site backup procedure in place whereby electronic document would be stored on a server with RAID-5 or RAID-2, and there would be a separate daily OFF-SITE backup maintained.

Files and Records—All of your original Client materials that you provide to us will be returned to you, or you will have an opportunity to retrieve them, immediately upon the conclusion of the representation. If you do not retrieve your original client materials within 60 days after we send you a notice that they are available, they may be destroyed without further notice to you. Any notification sent to you will be sent to the last current address we have on file for you.

You may obtain a copy of your file, not including the attorneys? and legal assistants? personal notes and memoranda, at a charge of ___ cents per page.

The Firm may maintain the Client’s file electronically by scanning documents and shredding the hard copies of some documents. Scanned documents are electronically and securely stored in at least two separate physical locations. Documents retained as hard copies until the conslusion of the representation include (1) original Client materials, and (2) any other documents that we determine should be kept as hard copies for legal reasons or because of their special nature. After the conclusion of the representation, all documents and materials that are not retrieved in accordance with the above terms may be destroyed.

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