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Greetings
Storm season has arrived. Many of the law
firms served by CNI are located in the vulnerable
Midwest. But Tornadoes & Lighting are not the only
disasters that can knock your firm out of commission. There
are also fires, theft, and the death or departure of key
personnel.
This issue of the newsletter will describe what
you can do now to prevent disasters from crippling or
destroying your firm.
Before getting to the main theme of this issue, we
are pleased to announce additional Amicus Attorney
7 on-line demonstrations. Demand for these demos has
been so strong that this is the fourth consecutive month we
have offered these demos. See the details below.
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More Amicus Attorney 7 Demos Scheduled! |
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During the last two months we've conducted
several free on-line demonstrations of Amicus
Attorney 7, the latest version of the leading
practice management software. Space at these demos
was necessarily limited so that we could
effectively answer your questions. That meant
that not everyone who wanted to participate and
learn about this new software was able to do so.
Because you asked for it, we have scheduled
two additional Amicus Attorney 7 demos for July.
So that we can make the demos even more helpful, the
first demo will be limited to those who
have never before seen or used Amicus Attorney.
This restriction lets us tailor the presentation to
better answer your questions. The Amicus "newbie"
demo will take place on Friday, July 14, 2006 at
1:00PM EDT.
For those using prior versions (V+ and
earlier) of Amicus Attorney, the other demo will
take place on Monday, July 31, 2006 at 9:00AM EDT.
Only 10 participants allowed per demo,
and only 1 participant per firm. But this is
not as restrictive as it sounds. 1 participant = 1
computer. You can have as many people as you like
gathered around your computer's monitor to watch the
demo.
Demonstrations will last 30 minutes.
There is only one way to reserve a spot at a demo.
You must send an email to
rcarter@cni-incorporated.com ASAP
requesting to participate. Make sure your message
indicates which demo ("Amicus newbie" on July 14
or "Amicus veteran" on July 31) you wish to
attend. We will send you the log-in information
for the web demo via return email.
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The Loss of Key Personnel |
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Losing a key employee can disable a law firm
almost as quickly as a fire or natural disaster.
A surprising number of solos and small-medium law
firms depend on a single key staff person for
crucial office management functions such as
time/billing/accounting, payroll, etc. No one
else in the firm knows how to do those jobs. This is
a recipe (pun intended - see below) for disaster.
One answer (but only a partial answer) is to
create a firm policy and procedure manual.
Thinking about how to create such a manual sounds
overwhelming. But doing it isn't,
especially if you take it one step at a time.
We like to refer to this as the Firm Cookbook.
Why? Because all you have to do is add the
individual recipes. Broken down into steps, it
can be done. Have each key employee take the time to
carefully document every step they take in
accomplishing all important tasks assigned to them.
Yes, it can be time consuming, but if you dont
do it now, it will never get done. Include
everything from how you want your phones answered,
to how you want prospective client calls handled,
to billing processes, to supply ordering,
and everything in between.
With your Firm Cookbook in place, losing
a key staff member does not have to be a disaster.
And best of all, reading it might finally give you,
as the firm's owner, true insight into how your
firm really operates. If you don't like what you
read, you will at least have the knowledge needed to
make the changes you want.
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Large Scale Disaster Preparation |
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EMPLOYEE SAFETY
Your employees are your number one asset,
and their safety is paramount in any well- conceived
emergency plan. Include provisions for their
physical and mental well-being, before and after
disaster strikes. The emotional toll that
often accompanies a catastrophe, large or small, can
be as debilitating as the initial event itself.
Massive natural disasters can trigger post-
traumatic stress syndrome rendering employees
essentially unavailable for duty. Less dramatic
disasters or threats can pose equally crippling
impairment resulting in the inability to take
appropriate directives. It is critical to anticipate
and prepare for a high level of personal trauma
when creating a plan.
COMMUNICATION
As we saw all too clearly with Katrina,
communication networks can be disrupted by
large scale natural disasters. This disruption can
make it nearly impossible to communicate with firm
staff and clients. Even cell phone communication
was out for many days after Katrina. You need a
backup communication plan. Often a firm's
Web site, especially if hosted by a service away
from the disaster area, can be used as a tool to
communicate with staff and clients. The firm's
regular email may be down (especially if
hosted locally or by the firm itself using an
Exchange Server), so it is important to establish
in advance one or more Web- based email accounts
with services such as Gmail, Yahoo Mail, or
Hotmail so you can communicate with one another
and also with clients. It may be wise to create a
general account for the firm and separate accounts
for each lawyer or staff member who needs email
communication. Make sure you know the passwords
to these accounts. Make sure your phone service is
capable of call forwarding and know how to
implement so that calls can be directed to either
cell phones or, better yet, a temporary office
location away from the hardest hit area. Make
communication easier by supplying key personnel with
a paper copy of a client and firm telephone list
or make sure such information is current on a lawyer
or staff person's PDA or smart phone in lieu
of a paper list. PDA's can also store
important calendar information until your
practice management system (including networked
calendars) can be restored to operation.
WHAT TO TAKE WHEN YOU EVACUATE
- Copies of insurance policies and contact
information for your agent and carrier
- The binder or album with your application
software CD's including installation codes
- Photographs showing your office furniture
and equipment (a good reason to buy a digital
camera)
- Employee and client contact information
including telephone, address, and email)
- Contact information for your landlord,
vendors, utilities, public safety, and emergency
management)
- User names and passwords to access your
network, server, computers, web site, email, web
mail, etc.)
- Payroll and bank account information
- Credit card information
- A handful of blank checks for each of your
firm's bank accounts
TEMPORARY OFFICE SPACE
Depending on the nature of the disaster, you may
need to arrange for two different locations from
which to operate The first location could be an
office in your geographic area (but not in
your building) if the damage, flooding, or power
outage is localized. Operating within driving
distance of where your employees and clients are
located is a huge advantage. But this will
not always be possible. Therefore, you will need a
second option - office space away from the
disaster (perhaps a county or two) that may not
be as seriously affected by the storm. The time to
arrange for temporary space is now, before
the storm. This is a situation where firms can and
should set up cooperative arrangements /b>with
one another. For example, firms separated by a
county or two might make ideal cooperative partners.
The storm may hit one area hard, but not the other.
So all firms can benefit from such an arrangement if
their building is damaged or their power is out for
more than a day or two.
Although the above advice is designed for
large-scale disasters, much of it also applies to
localized disasters such as a fire that damages or
destroys the building in which your office is
located. The need to maintain communication and to
set up temporary office space will exist whether the
disaster is localized or widespread.
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Death of a Partner or Solo Attorney |
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While the loss of a key staff member can be
difficult, the death of a law firm partner or a
solo practitioner can truly be a disaster.
An inventory attorney (someone who is
appointed to wrap up the firm business) is needed to
be appointed immediately to act in the best interest
of the firm's clients, during this difficult time.
We discovered that there are resources available to
attorneys outlining what should be done to prepare
for this type of disaster.
Death is only one way this could happen. This
would also apply if you were seriously injured or
incapacitated and could not act in the best
interest of your clients.
An Amicus Consultant in Florida gave us the
following information concerning an inventory
attorney. You may want to Visit LOMAS on the
Florida Bar Website to learn more about what an
inventory attorney is, and how to select someone,
and what their responsibilities will be.
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General Disaster Prep and Prevention
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Disasters come in all sizes. Large scale natural
disasters are difficult to predict and often
impossible to prevent. But many smaller scale
disasters can be prevented, or at least minimized,
with proper preparation.
Most law firms today, large and small, depend
on technology to keep time and billing records,
store client and law firm data, and produce client
documents and court papers. Most lawyers who were
practicing twenty-five years ago at the dawn of the
personal computer era could not have predicted that
we would become so completely reliant on tiny
silicon chips and the devices they power. But
because we are, it makes sense to take proper
care of the technology that takes care of our
practices. Unfortunately, many firms, especially
those too small to employ an Information Technology
(IT) staff, are too lax in the precautions
they take to protect their computer systems.
THE RIGHT EQUIPMENT
At the core level of disaster prevention is
using equipment designed for the rigors of
mission- critical law office use and making sure
it is protected by an adequate warranty. The
average usable life of an office PC is about
three years (perhaps more if you buy at the high
end of performance scale). It isn't that computers
break down after three years. We have a few PC's
that are a decade old and still run (but not fast
enough to operate today's most useful software).
When firms allow their computer equipment (including
network hardware and cabling, printers, scanners,
etc.) to get too old, the failure rate goes up,
security goes down, and both data and productively
can be lost (often at the most inopportune
time). And because even brand new equipment can
fail, it usually makes sense to buy the
manufacturer's extended warranty for the
anticipated useful life of the PC, typically three
years.
When replacing old equipment, buy "business
class" instead of "consumer" technology. Sure,
products designed for home use are cheaper and
sometimes more stylish than the same brand's office
line. But they often come with less robust
components and skimpier warranties and cut-rate tech
support.
THE RIGHT PROTECTION
Once you have the right equipment, protect it
the right way. For computers, that means having
at least three types of protection installed and
regularly updated: antivirus, antispyware, and a
firewall (hardware, software, or both). Too many
users assume that antivirus alone is adequate. It
isn't, and they learn a hard lesson when spyware
disables their computer. You will also need to keep
Windows updated with the latest security patches.
But don't forget other software that may contain
security vulnerabilities. Most major law office
applications have either a Live Update feature or a
Web site where security and other updates can be
found and downloaded. There is no "one size fits
all" solution. Every firm's situation is unique.
Call us for specific recommendations tailored to
your firm's needs.
POWER PROTECTION
All computers and most peripherals are
sensitive to power spikes and surges. Never plug
them directly into a wall outlet (this applies
to home as well as office). At the very least, use a
high quality surge suppressor (not an
ordinary power strip - if it cost less than $15, it
is probably just a power strip). Better yet, for
servers, computers, monitors, and network hardware,
use an Uninterruptible power supply (UPS)
with a backup battery. When power goes out
unexpectedly, you will have at least a few minutes
to save your work or close practice management or
time/billing databases to prevent data loss and
corruption.
BACKING UP
We've written many times about backing up
your firm's data and digital documents, so this
will be a summary of our key recommendations. First,
if you are still using tape backups, consider
switching to external hard drives. Tapes are
high- maintenance, and not especially reliable.
External USB or FireWire hard drives are easy,
cheap, roomy, reliable, and portable. Use
multiple external hard drives and swap them
daily, making sure you always have a recent
backup secured safely off- site. This is
important not only in case of fire or natural
disaster, but also because of theft. You are
far more likely to lose data by an ordinary
physical break- in of your office or the theft
of a notebook computer while away from the office
than by someone hacking into your network via the
Internet. A good local backup system should be
supplemented by an on-line backup service
such as Back Up My Business. In widespread
disasters such as last year's hurricanes, the
off-site copy of your backup hard drive may not be
secure if your entire region is affected.
Several Louisiana clients were spared a total loss
of their data in the Hurricane Katrina disaster
only because they'd implemented on-line backup
in the months leading up to that storm.
ORIGINAL INSTALL CD'S
Even if your data is backed up and you are able
to restore it to recovered or replaced computers,
you will likely need your original software
installation CD's to reinstall your programs. If
your office is like many, they are dumped into
someone's desk drawer or hidden away in a box in the
file room. If so, it is time to get organized.
Most music, electronics, and office supply stores
sell vinyl or leather albums that will hold 50,
100, or more CD's or DVD's. You can also use
3-ring binders with CD inserts, but I like the
music-store variety because they often have zippered
enclosures protecting the CD's from dust and
moisture. You may want to buy two - one for the
original CD's and one for a set up backup copies
you should burn from the originals. Keep the
originals in a designated place in your office
(perhaps near your server and backup drives) for
easy access when an application needs to be
reinstalled and also so they will be easy to take
with you if you need to evacuate your office on
short notice. Keep the backup copies in a secure
off-site location. You should keep the CD
keys and/or license codes with both the original and
the copies of the install CD's. One method is to
include the keys/licenses on the CD labels or
even write them on the label side of the CD
with a waterproof marker.
These basic and easy tips will prevent many
disasters and speed your recovery from those you
can't prevent. Now let's move on to specific
disasters and how to prepare for them. |
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