Skip to content

Why Law Firms Lose Data Despite Backups

And What to Do About It

Arthur Gaplanyan

33% Data Loss

It’s all about the data. You know this inherently in your law firm. Every document is vital and every contract is critical. Which is why you back up your data, so you know it’s safe. But what if I told you that it still isn’t safe?  

Are you confident that if anything happens, like a server crash or a cyber-attack, you’ll be able to recover your files? All of them? Quickly? I mean, the person who handles this for you told you so, right?

Unfortunately, most business owners don’t really think about the details of what backing up their data entails, let alone recovering it, until they are forced to – meaning, after a disaster strikes. When you realize that critical data is missing and you are scrambling to recover is not when you want to think about backup and disaster recovery.

I’m not blowing this out of proportion. This scenario is very common, with arecent report showing that one-third of all data loss incidents stem from problems with backup systems. Let me say that again, 33% of businesses have problems with their backup systems. That’s a staggering statistic.

Even when you think you’re covered, the reality is that backup failures can still leave you vulnerable.

So, how does this happen, and what can you do about it? Let’s break it down.

The Backup System Dilemma: Where Things Go Wrong

Backups are like insurance for your data—you hope you never need them, but when you do, they’d better be reliable. Unfortunately, there are several reasons why even well-implemented backup systems can fail:

  • Corrupt Backup Files: Backups can become corrupted for many reasons, like software bugs or hardware malfunctions. When this happens, trying to restore your data might be like opening an old box of files, only to find half the pages missing.
  • Inconsistent Scheduling: Backups are only as good as their timing. If they’re not scheduled properly, you might end up with large gaps between the last saved data and the point of a failure. Think of it like saving a document once a week instead of every time you make changes—what happens if your computer crashes on day six?
  • Running Out of Storage Space: If your backup system runs out of room, it may stop saving new data altogether. It’s like trying to stuff more papers into an already overflowing filing cabinet—eventually, it just won’t hold any more.
  • Human Error: Sometimes, the problem isn’t the technology but the person using it. A misconfigured backup setting or an accidental deletion can leave you without the data you thought was safely stored.

All of this means that even if you’re diligent about backing up your data, there’s still room for problems. And for law firms, where client information is sensitive and critical, this can be a serious issue.

Backup vs. Disaster Recovery: What’s the Difference?

You might hear the terms “backup” and “disaster recovery” used together, because they are related. But they’re not the same thing, and understanding the difference can help you protect your data better:

  • Backup: This is essentially a copy of your files stored somewhere safe. If a file gets deleted or corrupted, you can use a backup to restore it. It’s like having a photocopy of an important document stored in a separate drawer.
  • Disaster Recovery (DR): DR is more comprehensive. It’s a plan that includes not just data restoration but also getting your entire system—servers, networks, and software—up and running again after a major event like a cyber-attack or natural disaster. Think of it as having a plan not just to replace a lost file but to get your entire office back to working order if it’s flooded.

While backups are part of a disaster recovery plan, they don’t cover everything. A backup might get your files back, but disaster recovery gets your whole business back in action. Think of it as business continuity – keeping your business running.

For instance, if your server crashes and you lose all your data, but you have a backup of all your data then you should be fine because you didn’t lose any data. But if your recovery time is 2 weeks, meaning you can’t actually access and use that data from your backup then you are essentially out of business for 2 weeks. We all know that your firm can’t shut down for that long without major ramifications.

Why Disaster Recovery Is Harder Than It Looks

Setting up a disaster recovery plan can be tricky, especially for smaller law firms. Here’s why:

  • Complex IT Systems: Even small law firms often have complex networks with multiple servers, databases, and cloud services. Synchronizing everything during a recovery can be a challenge. It’s a bit like trying to put together a jigsaw puzzle where some pieces are in different rooms.
  • Cost of Implementation: Creating a reliable DR plan isn’t cheap. It often involves buying extra storage space, cloud solutions, and software, which can be a tough sell for a smaller firm working within a budget.
  • Speed Is Essential: When your systems go down, time is of the essence. But not all DR plans can bring everything back online quickly, leading to potential downtime that can disrupt client services.
  • Testing, Testing, Testing: A disaster recovery plan needs to be tested regularly to make sure it’ll work when needed. But these tests can be time-consuming and disruptive, making them easy to skip—until it’s too late.

Making Backup and Disaster Recovery Work for You

So, how can law firms make sure their backup and disaster recovery plans actually do the job? Here are a few strategies that can help:

  1. Automate and Test Regularly: Automation helps eliminate human error. Set up automated backups and schedule routine tests to make sure the data can be restored without a hitch. Think of it like fire drills—better to practice before there’s an actual emergency.
  1. Use a Tiered Backup Strategy: Combining local and cloud-based backups can give you the best of both worlds. Local backups are quick and easy to access, while cloud backups provide an extra layer of security against physical damage, like a fire or flood.
  1. Consider Disaster Recovery as a Service (DRaaS): DRaaS can be a lifesaver, offering a cloud-based solution to keep your systems running during a major disruption. This can be a more affordable and efficient option for smaller firms than setting up their own complex infrastructure.
  1. Define Your RTO and RPO: Recovery Time Objective (RTO) is how quickly you need your systems back up, and Recovery Point Objective (RPO) is how much data you can afford to lose. Defining these will help you choose the right solutions.
  1. Enhance Cybersecurity Measures: Data backups won’t help if your data is held hostage by ransomware. A solid cybersecurity plan—including things like multi-factor authentication and regular audits—can help keep those threats at bay.

The Verdict: Take Control of Your Data’s Safety

Backup systems are critical, but they aren’t foolproof. As one-third of all data loss cases are due to backup failures, it’s clear that law firms need to think beyond simple file copies. By understanding the importance of disaster recovery, planning for the unexpected, and investing in the right tools and strategies, you can ensure that your firm is prepared for whatever comes its way.

After all, you never know when that backup safety net might fail—and it’s better to have a full plan in place before you’re left scrambling.