Law Firms Should Get Out of IT and Into the Cloud, Then Demand their Clients Do the Same

Posted on November 11, 2015

By David Turcotte

Every law firm understands the importance of maintaining “industry” and “reasonable” standards when it comes to operating and protecting a business. More critically, every law firm understands the substantial risks and liability exposure that is created when businesses fall below those standards. With that in mind, let’s discuss reasonable standards for law firms today as it relates to their IT infrastructure and strategies. Now readily available and superior Cloud-IT technologies make the best infrastructure, Security and Compliance capabilities available to all law firms, for less. Law firms using traditional in-house IT strategies are spending excessively even though they fall below reasonable standards for security and compliance. Law firms need to get out of IT and into the Cloud for their security and the security of their clients—once they do, they will enjoy greater firm profits – what’s so unreasonable about that?

Once an established baseline for any practice or technology becomes widely available, is cost effective and solves safety, security and compliance challenges for businesses, it becomes easy to argue that failing to adopt or meet that new baseline is patently unreasonable and thus negligent. This process over time is how industry standards are adopted, past practices simply fall behind and below, become unacceptable and a new source of substantial liability. In the world of IT and the Cloud, this process is moving at light speed and many law firms, despite the absence of economic barriers, are unnecessarily at risk and unreasonably putting themselves in harm’s way.

The fact is, the new reasonable standard is already here. Cloud IT Solution providers can mitigate these issues for law firms, save them money and dramatically improving operational efficiencies. Even more compelling is the reality that HIPAA & the HITECH ACT are adding severe penalties and fines for law firms that are now clearly Covered Entities under those regulatory schemes. The arrival and readiness of Cloud-IT Solutions that are simply better for law firms, will also assist them in meeting these new and increasingly complex regulations. It is simply unreasonable from a business, security and compliance perspective to apply a do-it-yourself strategy anymore.

These new technologies make the practice of law easier and more accessible. No more lost files, no more data or work product on “my other computer” or storage devices. Working live, in real time, anytime, anywhere, on any device with the best security and compliance measures available today, is today’s reality. Lawyers that spend on a multitude of end points (laptops, desktops, iPads, tablets) can reduce their hardware and device support costs dramatically while enjoying the ability to work (enjoy?) seamlessly practically anywhere with the same IT resources and data as if they were within the four walls of their office. Isn’t it patently unreasonable to fail to adopt Cloud-IT Solution that can deliver all of this?

Lawyers understand that in 2016, HIPAA will not only apply to medical records, it will take an expansive view. What previously referred to electronic health records will now apply to all electronic records that have certain kinds of data. It is not the vertical industry that is going to define compliance or not, it’s what kind of data a company has that is in compliance or not.

With Sarbanes Oxley and HIPAA and the HITECH Act being what they are, for a firm to meet the regulations and criteria that are required to protect information, it takes a true data security and infrastructure expert. Law firms know they are struggling to meet these legal standards. IT Professionals who understand HIPAA, the HITECH Act and Sarbanes Oxley AND the IT stuff — hardware, software, networking, storage, applications and so on is a $175,000 per year hire—and is a CIO. Hardly any small to medium business can afford that person. That means settling for less and less means compliance and security issues that put client data at risk and law firms in jeopardy.

Security matters to all businesses. Compliance matters to every business, because they care about more than just compliance, they care about protecting their business and protecting their customers.

Instead of playing to not lose, simply focusing on “CYA,” why not play to win? Why not have the very best available as the standard for your law firm? Comprehensive Cloud-IT Solutions can deliver services that exceed compliance requirements while architecting real security improvements for less than those firms are paying now.

The IT Infrastructure playing field is even. Law firms and their clients can now have the most secure, compliant and best performing work environments for less money. Cloud-IT Solution providers that focus on law firms can ensure that the “big firm” technology budgets are no longer an advantage, every law firm can serve their clients with the very best. Isn’t that what reasonable man would want for his law firm? Every law firm should get out of IT and into the Cloud.

About the Author

David Turcotte is an attorney and CEO of Nuvestack (www.nuvestack.com). A former collegiate and Olympic athlete, Turcotte’s team-building skills served him well as a senior executive in various security, venture capital, storage, and virtualization and computer forensic companies. He obtained his law degree from Brigham Young University and attended Colorado State University (Economics).