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5 Signs Your Firm’s Backup Isn’t Really a Business Continuity Plan

by | Jul 1, 2025

You think you have backups. But can you count on them when it matters most?

Most law firms believe their data is safe simply because they’ve been told it’s backed up. But backup alone isn’t a plan. It’s a tool. And unless that tool is tested, tracked, and tied to your practice’s real-world needs, it won’t save you when disaster hits.

A true business continuity plan isn’t just about restoring files. It’s about restoring operations—billables, deadlines, and client confidence—with minimal disruption.

Here Are Five Red Flags That Your Backup Plan Isn’t Actually a Continuity Plan:

  1. No Regular Testing
    If you’ve never done a test restore, you don’t really have a plan. You have a gamble. Restore tests should be scheduled, documented, and evaluated. Without testing, you won’t know if the restore time meets your firm’s needs—or if the data is even usable.
  2. It Lives on the Same System as Your Primary Data
    Backups stored locally on the same server or network that could go down in a fire, flood, or ransomware attack aren’t backups. They’re duplicates of your disaster. True redundancy means physically and digitally separating backups.
  3. No Written Disaster Recovery Procedures
    Could your team access files during a power outage or cyberattack? Who triggers the failover? What’s the recovery time objective (RTO)? If these answers live only in your IT admin’s head, your continuity is fragile. Documentation ensures that even in someone’s absence, the plan works.
  4. No Role-Based Access to Backups
    Your paralegals don’t need access to encrypted archives, but your IT lead should. If your backup access isn’t structured, it’s vulnerable. This also ensures data privacy and complies with regulations like HIPAA and ABA Model Rule 1.6.
  5. No Cloud Redundancy or Geographic Separation
    If all your backups are in one location—physical or digital—then one breach, outage, or regional disaster puts your entire case history at risk. Geo-redundant storage across multiple regions is essential for true resilience.

What a True Business Continuity Plan Looks Like for Legal Teams

  • Automated, encrypted backups across multiple secure data centers with clear retention policies.
  • Documented disaster recovery runbooks aligned with ABA and HIPAA compliance standards.
  • Failover protocols for VoIP, email, and document access within minutes to maintain operations without panic.
  • Quarterly test recoveries with reporting to firm leadership to validate RTO and ensure accountability.
  • Clear, role-specific responsibilities for who does what when the unexpected hits, including communication trees and escalation paths.
  • Post-incident review and update cycles to improve after each drill or actual event.

Your Reputation Deserves a Backup You Can Trust

Your clients don’t see your backups. But they will feel your failure if your firm stalls mid-case.

You don’t get a second chance to protect client data. When systems go dark, your continuity plan should light up—clearly, quickly, and legally.

Let’s stop hoping your backup will work. Let’s prove it.

Ask your MSP one question today: “When was our last tested restore, and how long did it take?”

If they can’t answer, we should talk.

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