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Technology Probate
Technology—Probate Editor: Jason E. Havens, 4400 East Highway 20, Suite 211, Niceville, FL 32578, jasonhavens@jasonhavens.net.
Technology—Probate provides information on current technology and microcomputer software of interest in the probate and estate planning areas. The editors of Probate & Property welcome information and suggestions from readers.
The Mobile (or Displaced) Estate Planning Professional
In the hours, days, and months following the devastating blow of Hurricane Katrina, lawyers throughout Louisiana and Mississippi discovered the importance of disaster preparedness. Indeed, nearly every business professional in that part of the Gulf Coast gained a critical understanding of having procedures in place when a disaster strikes. Those procedures must include software and hardware solutions, which are extremely important to this editor as he writes this column approximately three miles from the Gulf of Mexico.
The September/October 2006 issue of Probate & Property featured several articles on the aftermath of Hurricane Katrina. One of those articles, entitled When Disaster Strikes: Disaster Planning for Lawyers, touched on several technology issues and proposed a few solutions. This column seeks to expand on those suggested solutions not only for disaster preparedness, but also for the mobile professional who needs access to files, e-mail, and other important resources when working remotely.
Hardware
Anyone who has used a computer knows that hardware sometimes seems like it came from a hardware store (or should be “fixed” with a hammer from one)! In this ever-changing technological world, it is a challenge to design a hardware configuration that allows the firm’s server (if any), workstations and laptop computers, personal data assistants (PDAs), and other hardware devices to communicate effectively with each other. If—and really when—one fails, the firm’s entire communication system might screech to a halt. If disaster strikes, the firm’s internal communication system might be completely destroyed.
Backup Hardware
As mentioned in the article cited above, backing up a firm’s information is essential. Hurricane Katrina and even the terrorist attacks on September 11, 2001, spawned several lawsuits that focused on inadequate backup solutions. In the past, local backup solutions were deemed adequate by business and even information technology (IT) professionals. Today, best practices dictate that a firm’s information be backed up locally and also remotely in a secure location.
The article cited above also mentioned a reciprocal agreement between law firms to back up each other’s information. That seems feasible for a multi-office law firm, in which confidentiality and conflicts of interest are not issues. Nevertheless, when the reciprocating law firms have no legal relationship to each other, the issues surrounding this arrangement seem similar to those involving a commercial service backing up a firm’s information.
On-line Backup Services
This editor has not seen a service provider’s agreement regarding on-line storage and backup that is tailored to a law firm, particularly in terms of confidentiality. For example, every version of this type of agreement seems to require compliance with a court order to turn over information stored on such a service provider’s servers. On the other hand, most of those companies provide much better security and stability than most law firms, including encryption of information transmitted between the company’s servers and the law office and also encryption of the information/files that reside on the company’s servers.
Although many companies offer these services, this editor has discovered one north of the Katrina-ravaged Mississippi coast that provides backup services and much more. Venture Technologies (www.ventech.com), based in Jackson, Mississippi, offers everything from on-line backup to network design/consulting to application hosting. Like other leading backup solutions, such as Iron Mountain and Amazon’s Elephant Drive, Venture maintains an ultra-secure facility with redundant systems at all levels. Established in 1986, it is one of the oldest firms in this industry. It might be forced to comply with a court order to turn over information (which the firm could no doubt oppose as privileged), but rest assured that it will not allow hackers to peruse the firm’s client files or let a little Category Five hurricane destroy all the electronic information at the firm’s office!
Other major on-line backup services have gained in popularity. For example, the well-known Iron Mountain (www.ironmountain.com) provides numerous levels of on-line backup services, including one or more designed for small businesses. In fact, Lucion Technologies, LLC (www.lucion.com), which was mentioned in the November/December 2006 column in connection with its FileCenter document management program, has a volume-based partner agreement with Iron Mountain that is called FileBackup. Amazon offers a competitive service called Elephant Drive (www.elephantdrive.com), which is the best backup value available based on this editor’s research.
Remote Backup
Alternative approaches also can be used, such as configuring a remote computer or remote storage device (such as a large external hard drive) to back up the firm’s information. For example, this editor has mentioned LogMeIn (www.logmein.com) as a favorite service in the past. LogMeIn offers some of the same features as Microsoft Small Business Server (discussed below), such as secure remote access. LogMeIn, however, offers LogMeIn Backup (https://secure.logmein.com/go.asp?page=products_backup), which will securely back up the firm’s server or “central” computer (if using a “peer-to-peer” network) to a remote drive. At approximately $40 per year, LogMeIn Backup is a very affordable way to back up the firm’s information.
You might consider using a laptop or an external hard drive connected to a laptop. The reason is explained in the article cited above, which emphasized re-establishing the firm’s office and re-connecting with everyone as soon as possible. With a laptop, a user can connect at a hotel, at temporary housing, or even at a number of retailers that offer free high-speed Internet. For example, this editor appreciates the free high-speed, Wireless Fidelity (WiFi) connections offered by Panera Bread and other retail food franchises (see http://en.wikipedia.org/wiki/Wi-Fi). You must be careful in that type of unsecured WiFi environment. Disabling file and printer sharing in Windows is generally a good idea, and you should certainly have a software-based firewall (Windows version or an alternative). With the appropriate safeguards, however, you can use some of the approaches below to restore your team’s access to your files.
Software
Venture assisted this editor’s law firm in finalizing the configuration of Microsoft’s Small Business Server (SBS) 2003 (www.microsoft.com/windowsserver2003/sbs/default.mspx), the primary operating system of this editor’s server, which is designed for a client-server network. In fact, Microsoft issued “Release 2” of SBS 2003 with numerous updates. Consequently, SBS 2003 is even more stable and offers several additional features. Microsoft offers two editions of SBS 2003: a “Standard” edition and a “Premium” edition (www.microsoft.com/windowsserver2003/sbs/evaluation/features/default.mspx), with the latter offering more robust features including Microsoft’s server-based software firewall and an edition of Microsoft SQL Server for database management. Both were included in the second release.
As discussed in the November/December 2006 column, SBS 2003 includes Exchange Server 2003. With Microsoft’s ActiveSync (now known as Windows Mobile), e-mail can be accessed via a smartphone PDA. The user also can create a secure socket layer (SSL) connection to an Exchange account that allows him or her to use Outlook Web Access (OWA) while out of the office. The newer version of OWA looks nearly identical to the full “client” version of Outlook and includes most of the same features (see http://office.microsoft.com/en-us/outlook/HA010990461033.aspx). These features are useful for the mobile estate planning professional, including those who are temporarily out of the office because of a storm.
Venture and other providers offer hosted Exchange accounts, which means that the firm’s e-mail resides on Venture’s servers and not the firm’s own. The same legal and ethical issues arise when considering e-mail access only. Nevertheless, the firm would not be “cut off” if its own server went down because of a disaster.
Microsoft’s SBS 2003, like most other versions of Windows, includes its own backup application. That backup application is designed to work with an external storage device. In addition, Windows Server (including the version within SBS 2003) is designed to operate in a redundant array of inexpensive drives (or disks) (RAID) environment. A RAID array simply means that secondary drives simultaneously write the same data that is being written to the main hard drive. Therefore, if—and when—the firm’s main hard drive fails, a secondary drive can be used immediately in the primary drive’s place. An external and probably a remote backup solution is still needed, but the internal backup will quickly help the firm recover from a failed hard drive.
Aside from backup services, you might want real-time access to the firm’s files for daily purposes. For example, what if you are out of the office and need several files that reside on the firm’s server? What if you do not have a laptop with you? Must you e-mail files to yourself or ask someone to do that for you? There are many choices that afford remote access to your files, ranging from basic to rather complex configurations.
Microsoft Windows Off-line Files and Similar Options
Microsoft Windows has for years included a simple, relatively effective off-site solution for remote users. The “offline files” feature (www.microsoft.com/windowsxp/using/mobility/learnmore/offlinefiles.mspx) allows the user to synchronize select folders and files when a laptop is taken out of the office. This feature could be used with a semi-portable desktop, such as one of the mini-desktops, but that might not be convenient. Using a portable computer of choice, the user would open any Windows folder, such as “My Documents,” and select “Tools” on the menu bar. The “Folder Options” selection under “Tools” brings the user to several tabs; one of those is “Offline Files.” The user simply enables the feature and finalizes his or her settings (such as synchronizing when logging on and off of the firm’s computer). Then the user right-clicks the folders and files that he or she wants to access off-line and selects “Make Available Offline” (or selects this option under “File” on the menu bar of the desired folder).
Other software solutions offer remote access to “cached”—temporarily stored—files. Mobiliti’s Network Unplugged (www.mobiliti.com/netUP.html) offers an advanced version of the Windows “Offline Files” feature. A very affordable alternative is SyncBackSE (www.2brightsparks.com/syncback/sbse.html) from Singapore-based 2BrightSparks, which also can function as backup software (with basic and advanced settings for synchronization and/or backup).
The problem is that the user does not have real-time access when using cached files on a laptop. One advantage is that the user does not need a connection to the Internet to use this feature. Of course, lawyers generally always have an adequate, and often a high-speed, Internet connection these days.
Microsoft Small Business Server 2003 and Remote File Access
Returning to SBS 2003, a number of options can be used to establish remote access to your files. First, the “Remote Web Workplace” (http://support.microsoft.com/kb/833983) can be used. After this feature is enabled in SBS 2003, any Windows XP–based computer can be used to connect to an SBS 2003 server by using the “Remote Desktop Connection” (RDC) feature (under Start Menu > Programs > Accessories within Windows XP Professional). A few basic items of information, such as the public location (or “fully qualified domain”) of the firm’s server and the user’s SBS 2003 username and password, will be needed to set up RDC, which is the latest iteration of Microsoft’s Terminal Services client software. This is a wonderful feature, though, that many have recommended in on-line reviews.
Second, a virtual private network (VPN) can be created. A VPN creates a secure tunnel from a remote user’s computer to the firm’s server. In SBS 2003, a VPN uses Microsoft’s Routing and Remote Access (RRAS) capabilities, which are generally automatically configured during the SBS 2003 installation. Each remote user’s computer needs a profile installed to use a VPN. The process of setting up a VPN can be complex, although SBS 2003 makes it relatively painless. An IT professional should probably be consulted, though, if you definitely want to use a VPN—at least to help with the initial configuration.
A third option involves the use of shared folders and files across a local area network (LAN) and also a wide area network (WAN). In other words, a sharing arrangement can be specified that will allow your team to access files in the office (over the LAN) and remotely (over the firm’s WAN). Security is critical here because confidential information might be exposed to the entire world if shared folders are improperly set up over a WAN. The Internet is, in effect, a gigantic WAN.
The traditional means of sharing folders and files was file transfer protocol (FTP). A secure FTP server can be created, which is highly recommended for these purposes. Web sites generally use FTP when others request a page to view on the web site. The same approach can be used to share files with remote team members within a secure, password-protected environment.
Although secure FTP represents a viable approach to sharing individual files, this editor prefers the secure version of Web-based Distributed Authoring and Versioning (WebDAV) (see http://en.wikipedia.org/wiki/WebDAV). With WebDAV, folders and subfolders can be shared securely with your team, who must all sign into the firm’s server and authenticate their permitted use of the shared folders. Under SBS 2003, WebDAV works similarly to other shared folders that would be set up within a network. The major difference is that remote users can access the WebDAV folders from anywhere because WebDAV functions in the same manner as any other Internet resource. Note that remote team members must use Windows XP Professional or Windows Server 2003 (the operating system on which SBS 2003 is built) to access a WebDAV folder.
Other options, such as Microsoft SharePoint Services, can provide remote access to folders and files within SBS 2003. The three options above seem most valuable to this editor, though, because they allow remote access to entire folders on a firm’s network. As you can see, there are just as many acronyms in this portion of the IT world as are encountered in estate planning!
You should seriously consider engaging a professional to help you with part or all of these solutions. If and when you need to use one, you will potentially be in the midst of a stressful situation. The peace of mind that these backup and other solutions provide you—and your clients—will make a hurricane evacuation seem like a trip to Disney World!
Conclusion
Having appropriate backup solutions in place is now much more than a suggestion, even for lawyers and other estate planning professionals. Clients rely on their lawyer to help them plan for the present and the future. You should do the same for technology and information purposes. A number of backup solutions also represent effective approaches for remote access. You must evaluate the specific needs of your firm and team, as well as for protecting your clients and their confidential/sensitive information. One or a combination of the solutions mentioned in this column should help your firm achieve its disaster preparedness plan and hopefully make you more “mobile” as well.
Vendors
Small Business Server 2003, Exchange Server, ActiveSync/Windows Mobile, SharePoint Services, and Windows:
Microsoft Corporation
One Microsoft Way
Redmond , WA 98052-6399
(800) MICROSOFT (642-7676)
www.microsoft.com
Venture Technologies
860 Centre Street
Ridgeland , MS 39157
(601) 956-5440
kball@ventech.com
www.ventech.com
Iron Mountain
745 Atlantic Avenue
Boston , MA 02111
(800) 899-IRON (899-4766)
www.ironmountain.com
FileBackup:
Lucion Technologies, LLC (formerly Authoritative.Net, LLC)
640 East Technology Avenue
Orem , UT 84097
(801) 722-7099
general@lucion.com
www.lucion.com/file-management-filecenter.html
LogMeIn Backup:
LogMeIn, Inc. (formerly 3am Labs, Inc.)
500 Unicorn Park Drive
Woburn , MA 01801
(800) 993-1790
info@LogMeIn.com
www.logmein.com
Elephant Drive, Inc.
1100 Glendon Avenue 17th Floor
Los Angeles , CA 90024
www.elephantdrive.com
Network Unplugged:
Packeteer, Inc. (formerly Mobiliti, Inc.)
4081G Hadley Road
South Plainfield , NJ 07080
(800) 440-5035
sales@mobiliti.com
www.mobiliti.com/netUP.html
SyncBackSE:
2BrightSparks Pte Ltd.
PSA Building
P.O. Box 364
Singapore 911143
(65) 9833-2103
www.2brightsparks.com/contact.html
www.2brightsparks.com/syncback/sbse.html
