Recently Office Watch reported that 60 Gmail users lost all of their email because of a program glitch. The article then provides some useful instruction on how to backup web-based email to your local harddrive or server.. Ironically, if you are not adequately backing up your harddrive or server, it is likely that the online webmail repository will serve as a backup, if the need arises. On January 4th The New York Times (requires subscription) published an article by David Pogue entitled "Fewer Excuses for Not Doing a PC Backup". The article describes different online services that offer free and low cost online storage and backup services. While many are lured by the price tag, attorneys must give thought to the potential repercussions of relying on free technology for mission-critical functions. 

Free software often provides little to no technical support, or maintenance. Some free software, like Google Desktop Search, can create privacy concerns, depending on its configuration. Free online services in BETA often become fee-based if successful, or lose funding and disappear entirely. Lawyers should be extremely zealous in investigating free downloads and read the EULA (end user license agreement) or Terms of Use  to make sure they are not agreeing to download adware or spyware along with the free software, and also check for potential privacy concerns. 

As for online backup, while the services mentioned in the New York Times article may be useful, online backup providers should be well scrutinized by any law firm considering this backup strategy. The article points out some of the disadvantages, including the time for the initial backup and any restores, security, and corporate longevity. For lawyers add to that the complexities of storing confidential client information with a third party and the repercussions. This is not to say that online backup is inherently too risky for attorneys. It simply means that free and low cost options may not be the right solution. 

Companies from LexisNexis to LiveVault/Iron Mountain to eVault are providing secure, fee-based online backup with monitoring. But , even with these companies firms must ensure that the right questions are asked and answered to make a reasonable attempt to protect the firm's data. Courtney Kennaday, SC Bar Practice Management Advisor, has posted a helpful list of questions to ask of online backup providers. This list can also help remind firms of questions to ask of any free software or online service.  The next generation of software is going to be on the Internet - call it .Net, ASP, or SaaS (software as a service) - with some distinct advantages. Lawyers need to be ready to take advantage of this model, and be smart about selecting software and services, whether free or fee. When it comes to business applications and backup the price of free could be high indeed..