Let’s be honest, reliance on backup tapes comes with a certain headache factor.  As a result, law firms are open to considering alternatives if they can find a more efficient and/or reliable way to backup firm data.  One solution that continues to be avoided is online backups.  The stated reasons tend to be along the lines of it’s unethical to entrust client confidences with such entities or there is simply a high level of discomfort with the process.  Allow me to suggest otherwise. 

More and more, commentary to (RPC) Rule 1.3 Diligence is being modified to encourage disaster recovery planning in light of events such as Hurricane Katrina and 9/11.  These events clearly demonstrated the shortcomings of tape backup systems and the like when not only were offices destroyed, but the locations where the backup media was stored were destroyed as well.  Online backup services get around the local storage problem because your data is now stored in an entirely different geographic area.  These services also provide for encrypted data transmission and storage thereby maintaining client confidences.  This is why such services are coming to be viewed as an acceptable and ethically permissible backup solution.

In order to assist with the discomfort piece, I have listed for consideration a number of questions that will help you to evaluate backup service providers.  While this list is not intended to be the final word on selection of an online backup service provider, I do believe that answers to these questions can greatly assist one in making a responsible decision. 

1)      Is the software reliable?  Is it simple to use? Does the reporting function meet your needs?  Can you demo the product?  Some programs simply work better than others and when you throw in the unique operating environment of your network or computer systems, there could be a problem.  Always take a test drive to make certain that the product delivers what it promises and that there is no software incompatibility issue.  Most importantly conduct a test recovery.  If this isn’t fast and simple, move on. 

2)      What are the costs?  If there are specific storage limits, what happens if you go over that limit?  What will it cost to increase or decrease your storage limit should you ever need to do so?  Are discounts available with longer term commitments?  Are there charges to restore data?  Are there charges for technical support?  What happens if you are delinquent in paying?  Will they continue to maintain your data?  Are software updates free? 

3)      What about data security?  Can their employees access and read your data?  Where will your data be stored and what kind of security do they have at their physical location?  Have they ever had a data breach?  What kind of encryption do they use for transmission and storage?  Look for HIPAA and SOX compliant or a minimum of 128-bit encryption and SSL security.  Will your data ever be de-encrypted?  What service redundancies have they deployed to ensure the preservation of your data?  Have they ever lost data?

4)      What services do they offer?  Are support personnel available 24/7?  Are they able to maintain several historical versions of your data as opposed to just the most recent version?  Some mistakes are not always caught the next day.  Thus having the ability to go to a backup that is several days old can be a real lifesaver.  Will you be alerted if a backup process fails or encounters an error?  Do they provide file-level reporting so you can determine what has and has not been backed up?  Can you customize your backup schedule as well as what gets backed up?  Is the backup process automated and how long does it take?  Can you turn off your computer or server before the backup process finishes?  How long does a restore take?  Can you restore files while away from the office? Will you automatically receive software updates? 

5)      General Concerns.  How long have they been in business?  How many costumers do they have?  Why should you work with them and not their competitors?