FROM DEALING WITH the death of a partner to protecting a computer network from viruses, the Disaster Prevention and Relief for Law Firms CLE offered valuable insight into preparing for and recovering from disastrous events.

When attorney Phil Rader died suddenly of a heart attack in 1999, his North Conway firm of Cooper, Deans & Cargill had to deal with the emotional and business impact of his death. The firm was not well-prepared to deal with the loss, but from the experience learned how to better prepare themselves in the future.

Cooper, Deans & Cargill partner Randy Cooper spoke about prevention, preparation and disaster management as the components of a plan to deal with the unexpected death of an attorney in your firm.

Prevention includes being aware of how your colleagues are taking care of themselves, encouraging regular physicals and exercise, stressing the importance of vacations, and establishing a cooperative environment to reduce stress, Cooper said.

To prepare for the unthinkable, he said, law firms must establish an understanding of what each attorney does, how he or she practices and his or her schedule. A universal and accessible tickler or case management system is essential when trying to establish upcoming court appearances, meetings and other priorities upon the sudden loss of an attorney.

Because court rules provide no relief in the event of an attorney's death, a firm is obliged to file continuances in upcoming cases to make sure those cases aren't defaulted on. Following an attorney's death, therefore, the firm must act quickly to assess immediate needs - which without a proper plan in place can be a daunting task. "After Phil's death, we had to figure out his priorities while maintaining our own workloads," said Cooper. "You need a system in place so that you can easily identify the immediate priorities."

When it comes to preparing for a fire, flood or other natural disaster, backup is the key, according to attorneys Mark Sisti, of Twomey & Sisti, and Teresa Tucker, of Grossman, Tucker, Perreault & Fleger, whose offices were destroyed by separate fires. From computer hard drives to documents, client contact information to case management schedules, both firms now backup by either duplicating the information and keeping the duplicates off-site, or by protecting the information in a fire-proof room or safe. (See the Jan. 3, 2003 issue of Bar News for more on Sisti's and Tucker's tips on disaster planning and recovery.)

Computer security is an issue most law firms take for granted, but a virus or hack attack can be nearly as devastating to the business as a natural disaster. Attorney Ken Bartholomew of Rath, Young & Pignatelli explained the risks that every member of a law firm needs to be aware of. "Hack attacks and viruses result from weaknesses, not because of who you are," Bartholomew said.

Bartholomew said that every computer network is only as strong as its weakest link, and that weakness usually comes in the form of an easily guessed password. He advised attendees to create a "strong" password - one that cannot be cracked by a hacker - and to change it every 120 days.

The convenience of being able to access your firm's network from home or while traveling also opens the network up to security threats, Bartholomew said. Every firm should carefully consider the protection it provides its network when providing out-of-office access.

Technology consultant Toby Brown said computer security consists of three components: physical, human and technical.

Human threats, Brown said, are the biggest problem, as most hacks come from the inside. But the most obvious threats are technical, according to Brown. For example, e-mail is a broadcast media, not a secure way of sending confidential information.

Brown spoke about firewalls, new tools and other ways a law firm can protect its computer network from viruses and hackers. In terms of recovering from disasters, he said that it is imperative for firms to back up their systems, and discussed the latest technologies for doing so.

Bartholomew and Brown stressed that it is critical for law firms to develop policies to protect electronic information rather than taking an "it won't happen to us" approach. "Firms need to think about broader information technology policies, from backing up to archiving and destroying electronic information," said Brown.

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