UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE:

LeClairRyan PLLC Case No.: 19-34574-KRH

Chapter 11

Debtor in Possession

OBJECTION OF SUPER-SERVER, LLC 

TO MOTION BY DEBTOR FOR APPROVAL OF

CLIENT FILE DISPOSITION PROCEDURES

COMES NOW Super-Server, LLC d/b/a Proxios, by counsel (“Proxios”), and 

objects to the Debtor’s Motion for Approval of Client File Disposition Procedures [Docket 

#70]. In support of this Objection, Proxios states:

1. Pursuant to a Master Services Agreement, Proxios provides, maintains and 

supports system hardware, hosted hardware and system software necessary for 

the access and utilization to parts of the Debtor’s electronic information, 

including its financial and billing records, electronic client files, and other 

electronic records. To fully access the electronic information of the Debtor, the 

electronic system relies upon approximately 80 different applications which are 

licensed through and maintained by Proxios. 

Karen M. Crowley (VSB # 35881)

Joseph T. Liberatore (VSB #32302)

CROWLEY LIBERATORE P.C.

150 Boush Street, Suite 300

Norfolk, VA 23510

Telephone (757) 333-4500

kcrowley@clrbfirm.com

Counsel for Super Server, LLC

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2. The Debtor filed a Motion for Approval of Client File Disposition Procedures 

pursuant to which it seeks this Court’s approval as to the disposition of the paper 

and electronic records of clients of the firm. The Motion was filed without any 

input from Proxios. 

3. Proxios has no objection to the procedure outlined by the Debtor for disposition 

of the paper client files in the possession of the Debtor. This objection by 

Proxios relates only to the Debtor’s proposed procedure for managing the 

electronic client files some of which are stored and maintained by Proxios. 

4. Proxios would object to the procedure to the extent that it imposes upon it any 

obligation to identify client files, retain those files on behalf of the LeClair client, 

or destroy them. 

5. Proxios objects to the Motion to the extent that it obligates Proxios to provide 

continued service or storage without appropriate compensation. 

6. Proxios does not believe that the proposed procedure adequately addresses the 

ethical obligations of the Debtor, based upon the following:

a. Paragraph 18 provides that “those Retained Client Files for which no File 

Retrieval Form has been received shall be deemed abandoned by the 

former client and the Debtor shall be permitted to destroy such files.” 

The identification and destruction of the files will require a representative 

of LeClairRyan to take action to ensure the documents are appropriately 

destroyed. Proxios believes that the order should obligate the Debtor to 

destroy such files by a date certain or file pleadings explaining why they 

have decided not to do so. 

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b. Paragraph 26 again gives the Debtor the discretion to destroy the 

Retained Client Files if the client does not retrieve the file within 30 days 

after return of the File Retrieval Form. Proxios believes that the order 

should obligate the Debtor to destroy such files by a date certain rather 

than give the Debtor discretion. 

7. The Debtor seeks to shift the cost of retrieving the electronic information to the 

former clients without any discussion as to how that cost will be calculated. 

Proxios believes that the first step would be to reach an agreement with Proxios 

as to the nature, extent and cost of the continued provision of service by Proxios 

so that access to the electronic records remains available. The next step would 

be to identify a lead person with the Debtor who will manage the identification, 

retrieval and/or destruction of the requested information. The Debtor and 

Proxios have a meeting scheduled for September 24 where such matters will be 

discussed. Proxios objects to any procedure that would impose obligations upon 

Proxios to negotiate with or obtain payment from the Debtor’s former clients for 

retrieval or storage of the Retained Client Files. 

8. Proxios believes that the partners of LeClairRyan and the attorneys whose 

confidential client files are maintained electronically at Proxios and in other 

locations share in the ethical obligation imposed by the applicable ethical rules 

and are equally obligated to share in fulfilling the duty to the client. Abdicating 

that responsibility to the creditors of the estate cannot constitute the fulfillment 

of those ethical obligations. 

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WHEREFORE, for the reasons set forth above, Super-Server, LLC d/b/a Proxios 

requests that the Court deny the Motion unless the foregoing issues are adequately 

addressed, delay entry of a final order approving the Motion until such time as the Chapter 7 

Trustee can evaluate the terms and grant it such other and further relief as is just. 

Date: September 23, 2019 Respectfully Submitted,

SUPER-SERVER, LLC

/s/ Karen M. Crowley

Of Counsel

Karen M. Crowley (VSB # 35881)

Joseph T. Liberatore (VSB #32302)

CROWLEY LIBERATORE P.C.

150 Boush Street, Suite 300

Norfolk, VA 23510

Telephone (757) 333-4500

kcrowley@clrbfirm.com

Counsel for Super Server, LLC

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Objection was served on September 23, 

2019, by electronic mail, to those listed on the attached Core Service List with an e-mail address 

and by first class mail upon those listed on the attached Core Service List without an e-mail 

address. 

/s/ Karen M. Crowley

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