Edward Poll, The Daily Record Newswire
Do different law firms have different needs for disaster planning? In other words, does a firm in New York have different needs than a firm in California? Does a small firm have different needs than a large firm? Does a firm with a family law practice have different needs than a firm with an international merger practice?
The answer is yes … and no. There are common elements of disaster planning and recovery preparedness that span the gamut of all law firms, and there are some considerations that are specific to particular types of law firms.
The most basic common element of disaster planning and recovery preparedness is that all law firms need to address this issue. All law firms need a plan for disasters and recovery after a disaster. In all cases, when an organization goes through the process of disaster planning, the real issue is how to recover from a disaster as quickly as possible. What we’re really talking about is business continuity. And beyond that what we’re really talking about is people: clients, staff and vendors. You’ve got to take care of the people. If something happens, you’ve got to deal with the people and make sure they’re protected both in terms of continuity of compensation and continuity of work and revenue to the firm.
However, the particular disasters for which a firm might want to plan will differ depending on location. There are disasters such as broken piping within a building that would be a consideration for all lawyers. On the other hand, there are disasters such as earthquakes that will only affect certain locations. Of course, lawyers in California may be thinking about earthquakes, but some of the worst earthquakes occur in the central United States, so lawyers there should be thinking about earthquakes, too. And in terms of recovery planning and how to get people back to work as quickly as possible, geography is also a significant factor: In downtown Los Angeles, for example, you might have subways, buses, cabs, etc.; but in a smaller community, you will have different arteries of transportation.
In addition, technology is an issue that differs from firm to firm. Some law firms are technologically more proficient than others: They have more technology, they do more in terms of Internet backup and the cloud than others, and so forth. Similarly, some practice areas are paper intensive, and some practice areas are more consultative. When you’re dealing with estate planning and heavy-duty litigation, for example, those kinds of practice areas tend to be paper intensive. These issues can impact the type of disaster planning a firm embraces.
There are all kinds of disasters, and you just have to go through them one at a time and put a priority issue on how likely each is to occur and what are the consequences of this occurring and what are the consequences of that occurring. It’s never going to be perfect; you just have to do the best you can. It’s a cost-benefit analysis.
In addition, the size of the law firm impacts disaster planning from a financial standpoint. The larger law firm has more resources to address the issue of disaster planning, and the cost element is absorbed more broadly. In contrast, whenever a small law firm addresses this issue, it is taking away from billable time, and the cost impact is felt more directly by each individual.
In conclusion, disaster planning and recovery preparedness are for everyone; the particulars can — and should — vary from firm to firm.
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Edward Poll, J.D., M.B.A., CMC, is a law practice management thought leader and contributor to this publication. His website is at www.lawbiz.com.
