
Direct Answer
Every law firm should test its backups on a regular schedule, not simply assume they will work when needed.
While there is no universal legal requirement that specifies how often backups must be tested, many organizations perform at least annual recovery testing, with more frequent testing for critical systems or after significant technology changes. The appropriate schedule depends on your firm's systems, data, and tolerance for downtime.
The important question isn't "Are we backing up our data?" It's "Have we proven we can restore it?"
Why This Matters
Backups exist for one reason: to recover your firm's data after an unexpected event.
That event might be:
- Hardware failure
- Accidental file deletion
- Ransomware
- Software corruption
- Fire, flood, or theft
A backup that has never been tested is an assumption, not a recovery strategy.
Editor's Insight
Creating a backup and restoring from a backup are two different processes. A successful backup does not mean a successful recovery.
A Practical Backup Testing Framework
1. Verify That Backups Complete Successfully
Your backup software should report whether scheduled backups completed successfully.
Regularly review backup reports so failed or incomplete jobs can be investigated promptly.
A successful backup job is important, but it is only the first step.
2. Confirm That Data Can Be Restored
Periodically restore a sample of files to verify that they can be recovered successfully.
Examples include:
- Microsoft Word documents
- PDF files
- Spreadsheets
- Case-related folders
The objective is to confirm that the backup contains usable data, not simply that it exists.
3. Test Critical Business Systems
Individual files are only part of the picture.
Law firms should also understand how they would recover:
- File servers
- Practice management applications
- Microsoft 365 data (where appropriate)
- Shared network storage
These systems often require additional planning beyond restoring individual documents.
4. Review Recovery Time Expectations
Different systems have different priorities.
Ask questions such as:
- Which systems must be restored first?
- How long could the firm reasonably operate without them?
- Who is responsible for coordinating recovery?
Having realistic expectations helps reduce confusion during an actual incident.
5. Update the Recovery Plan
Technology changes over time.
Whenever your firm adds new software, replaces servers, migrates to the cloud, or changes key business processes, review your backup and recovery procedures to make sure they still reflect your environment.
What Should Be Backed Up?
Every firm's needs differ, but backups commonly include:
- Client documents
- Shared file storage
- Accounting data
- Practice management databases
- Configuration information for critical systems
Your backup strategy should reflect the information your firm cannot afford to lose.
Questions We Hear From Law Firms
Should Microsoft 365 be backed up?
Microsoft hosts data such as email in the cloud. If your firm's computers fail, that data remains on Microsoft's servers.
However, Microsoft does not accept responsibility for protecting your organization against accidental or malicious deletion of your Microsoft 365 data. Firms that want the ability to recover deleted email, files, and other Microsoft 365 data beyond Microsoft's built-in retention capabilities should implement a dedicated Microsoft 365 backup solution.
For example, if a disgruntled employee permanently deletes critical email or files, a separate backup can provide an additional recovery option.
If our backup software reports "Success," isn't that enough?
Not necessarily.
A successful backup confirms that data was copied. Recovery testing confirms that the copied data can actually be restored when needed.
How Avenue M Helps
Avenue M Computers helps law firms throughout New York and New Jersey build backup and recovery strategies that support business continuity.
That includes monitoring backup jobs, reviewing failures, assisting with recovery testing, and helping firms understand how their critical systems would be restored if an incident occurs.
With Avenue M Backup, one phone call is all you need to restore your data.
Three Key Takeaways
- The true test of a backup isn't whether it runs, it's whether it restores.
- Recovery testing helps confirm that important data and systems can actually be restored.
- Backup and recovery plans should be reviewed whenever significant technology changes occur.
Related Articles
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- What Cybersecurity Requirements Should New York and New Jersey Law Firms Meet?
- Microsoft 365 Security Best Practices for Law Firms (Coming Soon)
- Understanding The NY SHIELD Act for Law Firms (Coming Soon)
Technology should help your law firm practice law more securely, efficiently, and confidently, not become another distraction.

