HUNTON ANDREWS KURTH LLP 

Riverfront Plaza, East Tower 

951 East Byrd Street 

Richmond, Virginia 23219 

Telephone: (804) 788-8200 

Facsimile: (804) 788-8218 

Tyler P. Brown (VSB No. 28072) 

Jason W. Harbour (VSB No. 68220) 

Henry P. (Toby) Long, III (VSB No. 75134) 

Proposed Counsel to the Debtor 

and Debtor in Possession

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

In re: 

LECLAIRRYAN PLLC, 

Debtor.1

Chapter 11 

Case No. 19-34574 (KRH) 

MOTION OF LECLAIRRYAN PLLC FOR APPROVAL 

OF CLIENT FILE DISPOSITION PROCEDURES 

LeClairRyan PLLC, the above-captioned debtor and debtor-in-possession (“LeClairRyan” 

or the “Debtor”), by its undersigned counsel, hereby files this Motion (the “Motion”), for entry of 

an order substantially in the form attached hereto as Exhibit A (the “Proposed Order”) approving 

the proposed records disposition procedures pursuant to sections 105(a), 363(b)(1), and 554 of 

Title 11 of the United States Bankruptcy Code (the “Bankruptcy Code”) and Rules 6004 and 6007 

of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”). In support of this Motion, 

the Debtor submits as follows: 

1 The last four digits of the Debtor’s federal tax identification number are 2451. 

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I. Jurisdiction, Venue, and Predicates for Relief 

1. This Court has subject matter jurisdiction to consider this matter pursuant to 28 

U.S.C. § 1334. This is a core proceeding pursuant to 28 U.S.C. § 157(b). Venue is proper before 

this Court pursuant to 28 U.S.C. §§ 1408 and 1409. 

2. The predicates for the relief requested herein are sections 105(a), 363, and 554 of 

the Bankruptcy Code, and Bankruptcy Rule 2002. 

II. Background 

A. Chapter 11 Case 

3. On September 3, 2019 (the “Petition Date”), the Debtor filed with the Court a 

voluntary petition for relief under Chapter 11 of the Bankruptcy Code, commencing the abovecaptioned chapter 11 case. 

4. The Debtor continues to operate its business as debtor-in-possession pursuant to 

sections 1107(a) and 1108 of the Bankruptcy Code. 

5. No creditors’ committee has been appointed in this case. No trustee or examiner 

has been appointed. 

6. A full description of the Debtor’s business operations, corporate structure, capital 

structure, and reasons for commencing this case is set forth in full in the Declaration of Lori D. 

Thompson, Esq. in Support of Chapter 11 Petition and First Day Motions [Doc. No. 3]. Additional 

facts in support of the specific relief sought herein are set forth below. 

B. Retained Client Files 

7. Founded in 1988 as a legal boutique for emerging growth companies, the Debtor 

grew into a national law firm which, until recently, operated through approximately twenty-five 

offices around the country, including, among other locations, offices located in Richmond, Los 

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Angeles, San Francisco, Newark, New Haven, Boston, Philadelphia, New York City, Dallas, 

Houston, Detroit, and Washington, D.C. 

8. Since July 29, 2019, when the members of the Debtor voted to dissolve the firm, 

the Debtor has been and currently is managed by its Dissolution Committee, which has been 

authorized by the members of the firm to effectuate a wind-down of the Debtor’s operations and a 

smooth transition of client matters to successor firms in an effort to maximize the return to all 

creditors and parties in interest. 

9. Although the Debtor is making progress in the wind-down of the Debtor’s 

operations, there remain a number of necessary tasks that need to be completed related to winding 

down the Debtor’s business, maximizing the value of the Debtor’s assets, and discharging the 

Debtor’s duties to former clients. 

10. As a result of the wind-down, substantially all of the Debtor’s former attorneys 

have become associated with other law firms. In general, as the Debtor’s former attorneys 

transferred to other firms, they took active client matters with them. While the files for some active 

matters have been transferred to the applicable attorneys’ new law firms, and the Debtor is 

continuing to transfer active client files, all active files have not been transferred. In addition, files 

related to most inactive matters have not transferred. 

11. Due to the size of the Debtor’s prior practice, the Debtor is currently storing 

substantial amounts of electronic client files and physical client files (collectively, the “Retained 

Client Files”). The Debtor currently is storing the Retained Client Files electronically and in 

physical facilities in compliance with the applicable rules of professional responsibility, including 

to protect the interests of the Debtor’s former clients. 

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12. Certain of the physical Retained Client Files are located at off-site storage facilities 

operated by records management company Iron Mountain. Due to the Debtor’s prior nationwide 

practice, the physical Retained Client Files are located in multiple jurisdictions. 

C. File Disposition Procedures 

13. The Debtor believes that the proposed client file disposition procedures (the “File 

Disposition Procedures”) adequately address its ethical obligations. The procedures provide notice 

to former clients advising them that their files are available to be returned at the their expense (or 

maintained with a storage provider at their expense). The procedures also permit the Debtor to rid 

itself of the burdensome Retained Client Files that would impair the effective wind-down of the 

Debtor and the administration of its estate if such Retained Client Files are not destroyed or 

abandoned. 

14. The proposed File Disposition Procedures and a brief explanation of the rationale 

behind each are set forth below. 

D. Written Notice 

15. Upon Court approval of the File Disposition Procedures, the Debtor will make 

reasonable efforts to send a copy of the “Notice of Intent to Dispose of Client Files,” substantially 

in the form attached hereto as Exhibit B (the “Notice of Intent”), by electronic means (if known) 

or by first class mail to those former clients whose files may be included in the Retained Client 

Files using the most current contact information available to the Debtor. 

16. While the Debtor should be able to successfully identify names and addresses 

related to the Retained Client Files that were created as newer matters, it is uncertain whether all 

such names and addresses remain valid as of the date of this Motion. However, such information 

represents the best and most accurate information available to the Debtor. Additionally, given the 

longevity of the Debtor’s operations, the Debtor is simply uncertain of the address of some former 

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clients whose files have been in storage for numerous years and as such, the Debtor proposes to 

provide such former clients with unknown contact information notice of the File Disposition 

Procedures by publication notice as more fully described below. 

17. The Notice of Intent will advise that the Debtor may currently be in possession of 

certain client files, which it intends to dispose of no sooner than 90 days after service of notice, 

unless the client directs otherwise. The proposed deadline to respond shall be no less than 90 days 

after the Notice of Intent is mailed to former clients. To claim and retrieve a client file, a former 

client must complete and return a file retrieval form (the “File Retrieval Form”), which will be 

attached to the Notice of Intent, to the Debtor no later than the later of 90 days after publication or 

the date the Notice of Intent is mailed to former clients. A copy of the File Retrieval Form is 

included in Exhibit B attached hereto. 

18. In the event that a former client does not return the File Retrieval Form to the Debtor 

before the expiration of the 90 day period, 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. 

19. The 90 day notice period is consistent with procedures utilized in other law firm 

bankruptcies, which cases are cited below, and tailored to comply with instructions outlined in the 

ethics rules and opinions that such notice period be provided to a client in the event of a sale of a 

law firm or before seeking to destroy client files. As noted herein, while ethics rules do not 

specifically addresses the dissolution of a law firm or a law firm in bankruptcy, the Debtor believes 

that such notice period is reasonable and adequate under the circumstances. 

E. Publication Notice 

20. To provide broad and appropriate notice to former clients regarding the File 

Disposition Procedures, the Debtor proposes, pursuant to Bankruptcy Rule 2002(l), to provide 

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publication notice (the “Publication Notice”) one time each in the Richmond Times Dispatch (the 

widest circulating newspaper in the city of the Debtor’s former home office) and a nationally 

circulated publication. A copy of the proposed Publication Notice is attached hereto as Exhibit C. 

21. The Debtor believes that by publishing notice in the referenced publications, the 

Debtor will provide adequate notice of the File Disposition Procedures to former clients whose 

addresses are not known to the Debtor or who cannot be located. Moreover, any other approach 

would be impracticable and unduly expensive. 

22. As with written notice, the former client will have 90 days after the Publication 

Notice is published to contact the Debtor and request that its files be returned to it or request that 

its files be destroyed. Furthermore, 90 days after the publication of the Publication Notice or 

mailing of the Notice of Intent, whichever is later, those Retained Client Files for which no File 

Retrieval Form has been received shall be deemed abandoned by the Debtor without the need for 

further order of this Court and the Debtor will be permitted to dispose of such Retained Client 

Files in the manner it deems fit that preserves the confidentiality of the contents of the Retained 

Client Files. 

F. Retrieval of Files Shall be at Client’s Expense 

23. The efforts to retrieve a Retained Client File for a former client upon request will 

result in a cost to the estate. The Debtor intends to charge former clients for expenses arising from 

the removal, mailing, and disposition of Retained Client Files. The Debtor also anticipates 

charging for the retrieval and delivery of electronic Retained Client Files that will require the 

Debtor to incur substantial time and expense processing, compiling and delivering such electronic 

Retained Client Files to its former clients. 

24. The Debtor is not in physical possession of certain of the physical Retained Client 

Files and certain storage facilities where Retained Client Files are located may charge retrieval 

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related fees. The Debtor will not pay any retrieval fee to a storage facility or any other third party 

fee to deliver or facilitate the return of a Retained Client File to any party. Instead, the Debtor will 

require the former client to pay such fees if the client notifies the Debtor that it wishes to retrieve 

its documents or have them destroyed. 

25. In the event that the Debtor does not receive a File Retrieval Form from its former 

clients regarding the disposition of their Retained Client Files, the Debtor will pay the costs for 

the destruction of such Retained Client Files so that it can be assured that the storage facilities 

employ means of destruction that will ensure that client confidences are not compromised. 

G. Files Must Be Retrieved Within a Reasonable Period 

26. To the extent a File Retrieval Form is timely received, the former client shall have 

a reasonable opportunity thereafter to make arrangements to retrieve its files. However, in the 

event the former client fails to make efforts to retrieve its files or fails to retrieve its files within 

30 days after the Debtor receives notice of a former client’s intent to retain such Retained Client 

Files, the Debtor requests Court approval that said Retained Client Files be deemed abandoned 

and that the Debtor may dispose of said Retained Client Files as it sees fit. 

H. Debtor May Retain Some Client Files 

27. Notwithstanding the authority granted to the Debtor to abandon a Retained Client 

File, the Debtor may seek to retain certain Retained Client Files to the extent such retention is in 

the best interests of the Debtor’s estate. Additionally, the Debtor intends to take reasonable steps 

to avoid the destruction of certain estate planning documents, such as wills, and intrinsically 

valuable documents to the extent the Debtor identifies any such documents based on a reasonable 

client file title search in the event that the former client fails to respond to the Notice of Intent or 

Publication Notice. 

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28. The Debtor’s practice areas included white-collar defense analogous to matters in 

the criminal defense context. For the avoidance of doubt, if the Debtor does not receive a File 

Retrieval Form for Retained Client Files that involve a criminal matter or a white-collar defense 

matter, the Debtor is seeking authorization to destroy such Retained Client Files. 

III. Relief Requested 

29. Pursuant to this Motion, the Debtor seeks entry of the Proposed Order approving 

the File Disposition Procedures substantially in the form of the procedures outlined above. 

Additionally, the Debtor requests that the File Disposition Procedures apply to any successor in 

interest to the Debtor, including, without limitation, any Chapter 7 trustee appointed in the 

Debtor’s bankruptcy case. 

IV. Basis for Relief Requested 

A. Abandonment of Client Files is in the Best Interests of Estate 

30. Pursuant to 11 U.S.C. § 554(a), after notice and a hearing, the Debtor may abandon 

any property of the estate that is burdensome to the estate or that is of inconsequential value and 

benefit to the estate. The Retained Client Files, however, may not be considered property of the 

Debtor’s estate. In Virginia, client files belong to the client rather than to the law firm. See, e.g., 

Va. R. Pro’f Conduct 1.16(e) (“All original, client-furnished documents and any originals of legal 

instruments or official documents which are in the lawyer's possession (wills, corporate minutes, 

etc.) are the property of the client . . .”). However, in an abundance of caution and to the extent 

that the Debtor retains an interest in certain of the information contained in the Retained Client 

Files, such property interests constitutes property of the Debtor’s estate pursuant to section 541 of 

the Bankruptcy Code that the Debtor may abandon. 

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31. The Retained Client Files are not only unnecessary for the Debtor’s wind-down 

process, but their maintenance imposes a significant ongoing financial and administrative burden 

to the estate. There is no question that the continued and indefinite storage of the Retained Client 

Files poses an undue burden to the estate without a corresponding benefit to the estate or its 

creditors. Accordingly, the Debtor seeks authority to abandon the Retained Client Files in 

accordance with the File Disposition Procedures. 

B. The File Disposition Procedures are Justified Under Sections 363(b) and 105 

32. The Court should approve the File Disposition Procedures under the authority of 

Bankruptcy Code section 363(b), which provides, “[t]he trustee, after notice and a hearing, may 

use, sell or lease, other than in the ordinary course of business, property of the estate.” In 

determining whether to authorize a use of property of the estate under this section, courts require 

the debtor to show that a sound business purpose justifies its action and are cautious not to 

substitute the court’s business judgment for the debtor’s. See e.g., In re Crystal Apparel, 207 B.R. 

406, 410 (S.D.N.Y. 1997) (“[C]ourts must exercise great deference in reviewing a corporation’s 

desire to pay its managers.). The File Disposition Procedures are a reasonable and efficient means 

of handling the substantial amounts of Retained Client Files and should be approved. 

33. The relief requested in this Motion is also authorized by Bankruptcy Code § 105(a) 

which provides that “[t]he court may issue any order, process, or judgment that is necessary or 

appropriate to carry out the provisions of this title.” 11 U.S.C. § 105(a). The purpose of 

Bankruptcy Code section 105(a) is “to assure the bankruptcy courts power to take whatever action 

is appropriate or necessary in aid of the exercise of their jurisdiction.” 2 Collier on Bankruptcy, 

105.01, at 105-6 (16th ed.). Thus, section 105 essentially codifies the Bankruptcy Court’s inherent 

equitable powers. See Management Tech. Corp. v. Pardo (In re Management Tech. Corp.), 56 

B.R. 337, 339 (Bankr. D.N.J. 1985) (indicating that court’s equitable powers are derived from 

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section 105). Based on the court’s equitable powers, the Debtor respectfully requests that the 

Court approve the File Disposition Procedures. 

C. Ethical and Professional Considerations 

34. The Debtor believes that, while abandonment is authorized by section 554(a) of the 

Bankruptcy Code, the Retained Client Files should nevertheless be disposed of in a manner that is 

appropriate under the circumstances and in light of potential ethical and professional obligations 

to former clients, including to maintain the confidentiality of client information contained in the 

Retained Client Files. 

35. The American Bar Association’s Model Rules of Professional Conduct (the “Model 

Rules”), which have been substantially adopted by numerous states, including Virginia,2 do not 

provide express direction regarding whether or how a law firm undergoing dissolution in 

bankruptcy should dispose of closed client files. In general, ethical rules are silent on disposition 

of client files that a client has not requested be returned. 

36. The Debtor is winding up its affairs in this bankruptcy case. Therefore, it is unclear 

whether and to what extent ethical rules that might otherwise apply to law firms would apply to 

the Debtor. Nevertheless, both the Model Rules and administrative guidance from certain 

jurisdictions provide some guidance, and the File Disposition Procedures were developed in light 

of that guidance. 

37. Confidentiality is a paramount concern. The File Disposition Procedures are 

designed to preserve the confidentiality of former client information in the Debtor’s possession. 

2

 On May 10, 2018, the California Supreme Court issued Administrative Order 2018-05-09, which adopted 

new Rules of Professional Conduct that go into effect in California on November 1, 2018 (the “California Rules”). 

The amended California Rules largely mirror the Model Rules, but deviate from the Model Rules in some ways. 

However, the rules relating to handling of closed client files are substantially similar across jurisdictions. 

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See Model Rules of Prof’l Conduct R. 1.6; R. 1.6 cmt. (Am. Bar Ass’n) (“The duty of 

confidentiality continues after the client-lawyer relationship has terminated.”). 

38. Reasonable efforts to provide notice to clients are appropriate. The Model Rules, 

for example, provide that “[u]pon termination of a representation, a lawyer shall reasonably take 

steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable 

notice to the client . . . [and] surrendering papers and property to which the client is entitled.” 

Model Rule 1.16(d). Similarly, in the event of a sale of a law practice, the Model Rules 

contemplate the transfer of client files to the new firm upon written notice to the client, including 

a presumption that the client consents to such transfer if the client does not take any action within 

90 days of receipt of the notice. Model Rule 1.17(c)(3) (“the client’s consent to the transfer of the 

client’s files will be presumed if the client does not take any action or does not otherwise object 

within ninety (90) days of receipt of the notice.”). 

39. The Model Rules provide that client property should generally be preserved and 

further provide that property of a client in the lawyer’s possession “shall be preserved for a period 

of five years after termination of the representation.” Model Rule 1.15(a); see also Va. R. Pro’f 

Conduct 1.15(c)(4) (providing that a lawyer shall maintain books and records related to the 

safekeeping of client property for at least five years after the termination of representation). That 

rule, however, does not expressly provide for a situation in which a law firm has dissolved or 

entered bankruptcy. 

40. While the estate cannot continue to bear the cost of storing Retained Client Files in 

a secure manner indefinitely, the Debtor is aware that simply abandoning Retained Client Files 

may not preserve the confidentiality of client information contained in those files. Rather, to 

ensure the confidentiality of information in the Retained Client Files that are not retrieved pursuant 

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to the File Disposition Procedures, the Debtor believes it is appropriate for the estate, after making 

reasonable efforts to provide notice to former clients, to destroy such files. 

41. Some files related to active matters have already been transferred to other law firms. 

Additionally, the Debtor is continuing to transfer Retained Client Files to other law firms and 

clients. Many Retained Client Files for active matters, however, have not been transferred. Most 

Retained Client Files for inactive or closed matters have not been transferred. Indeed, many of the 

Retained Client Files for inactive or closed matters have not been accessed for numerous years, 

and many have not been accessed for greater than five years. 

42. Nevertheless, the Debtor believes it is appropriate to attempt again to contact 

potentially affected former clients by (a) sending the Notice of Intent using the most recent contact 

information readily available to the Debtor, and (b) causing the Publication Notice to be published. 

Finally, allowing at least 90 days for former clients to respond to the notices before disposing of 

Retained Client Files is fully consistent with the notice periods contemplated in the Model Rules 

for notice of intent to transfer files upon the sale of a law firm. 

43. Informal Opinion 1384 (1977) of the American Bar Association Committee on 

Professional Responsibility3 states that while there is no specific time during which an attorney 

must preserve all files and beyond which he or she is free to destroy all files, “good common sense” 

should provide answers to most questions. Among the considerations set forth in ABA Informal 

Opinion 1384 are: (i) whether the information “may still be necessary or useful in the assertion or 

defense of the client’s position in a matter for which the applicable statutory limitations period has 

not expired”; and (ii) whether the information “has not previously been given to the client, and is 

3 Available at https://www.americanbar.org/groups/professional_responsibility/services/ethicssearch/ 

materials_on_client_file_retention/ 

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not otherwise readily available to the client, and which the client may reasonably except will be 

preserved by the lawyer.” 

44. The Professional Ethics Committee for the State Bar of Texas Ethics Opinion 627 

(April 2013) also provides some helpful guidance on this issue: 

Under the Texas Disciplinary Rules of Professional Conduct, closed files of current 

or former clients that are held by a lawyer or law firm are held subject to certain 

basic principles. First, confidential information of clients or former clients must be 

protected from unauthorized disclosure. Second, except when important interests 

of other persons or the client would be compromised, a lawyer or law firm 

possessing closed client files should turn them over to the client if requested by the 

client to do so. Third, a lawyer or law firm is permitted to destroy closed files when 

circumstances, including the passage of time, the nature of the files, and the 

absence of client instructions to the contrary, justify a reasonable conclusion that

destruction of the file is not likely to harm material interests of the client concerned, 

provided that reasonable steps (such as a brief visual review of physical files) have 

been taken to avoid destruction of items of client property, such as currency, bonds 

and original deeds, that might be included in the files to be destroyed. . . . Lawyers 

are not required to undertake a detailed review of the contents of closed files if

destruction of the files is otherwise permitted, and any such detailed review should 

be treated as additional legal services subject to normal rules concerning lawyer 

competence to provide particular services and agreed compensation for legal 

services provided. Costs of complying with the basic principles of the Texas 

Disciplinary Rules of Professional Conduct applicable to closed client files should 

be borne by the lawyers and law firms having responsibility for the files, and costs 

of additional services provided at the request of a client should be borne by the 

client requesting such services. In addition to the principles of the Texas 

Disciplinary Rules of Professional Conduct, requirements with respect to the 

treatment of closed client files may also be created or modified by statutory or 

decisional law of Texas and by agreement between client and lawyer. 

available at https://www.legalethicstexas.com/Ethics-Resources/Opinions /Opinion-627 

(emphasis added). 

45. The proposed File Disposition Procedures are generally consistent with the above 

considerations set forth in ABA Informal Opinion 1384 and Texas Ethics Opinion 627 while also 

balancing competing interests of the Debtor’s estate, including continuing storage costs, and the 

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practical reality that the Debtor is liquidating and lacks the means to continue to pay to hold the 

Retained Client Files indefinitely. 

D. Similar Relief Granted in Other Law Firm Bankruptcy Cases 

46. While not directly addressed in ethical rules, disposition and destruction of client 

files have been addressed in a number of law firm bankruptcy cases where relief similar to that 

requested herein has been sought and granted. See e.g., In re Sedgwick, LLP, Case No. 18-31087 

(Bankr. N.D. Cal. Dec. 4, 2018) [Docket No. 112]; In re Howrey LLP, Case No. 11-31376 (Bankr. 

N.D. Cal. Mar. 2, 2012) [Docket No. 636]; In re Dewey & LeBoeuf LLP, Case No. 12-12321 

(Bankr. S.D.N.Y. July 13, 2012) [Docket No. 237]; In re Heller Ehrman LLP, Case No. 08-32514 

(Bankr. N.D. Cal. May, 7, 2009) [Docket No. 436]; In re Thelen, LLP, No. 09-15631 (Bankr. 

S.D.N.Y. December 23, 2009) [Docket No. 60]; In re Coudert Brothers LLP, Case No. 06-12226 

(S.D.N.Y. Jan. 22, 2007) [Docket No. 222]. 

V. Notice 

47. Notice of this Motion has been provided in accordance with the Notice, Case 

Management and Administrative Procedures (Docket No. 38). The Debtor submits that no other 

or further notice need be provided. 

VI. Waiver of Memorandum of Law 

48. The Debtor respectfully requests that this Court treat the Motion as a written 

memorandum of points and authorities or waive any requirement that the Motion be accompanied 

by a written memorandum of points and authorities as described in Local Bankruptcy Rule 9013-

1(G). 

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VII. No Prior Request 

49. No previous request for the relief sought herein has been made by the Debtor to this 

or any other court. 

WHEREFORE, the Debtor respectfully requests that the Court approve the File 

Disposition Procedures and grant such other and further relief to the Debtor as the Court may deem 

just and proper. 

DATED: September 12, 2019 

Respectfully submitted, 

_/s/ Jason W. Harbour_________________ 

Tyler P. Brown (VSB No. 28072) 

Jason W. Harbour (VSB No.68220) 

Henry P. (Toby) Long, III (VSB No. 75134) 

HUNTON ANDREWS KURTH LLP 

Riverfront Plaza, East Tower 

951 East Byrd Street 

Richmond, Virginia 23219 

Telephone: (804) 788-8200 

Facsimile: (804) 788-8218 

Email: tpbrown@HuntonAK.com 

jharbour@HuntonAK.com 

hlong@HuntonAK.com 

Proposed Counsel to the Debtor 

and Debtor in Possession 

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Exhibit A 

Proposed Order 

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HUNTON ANDREWS KURTH LLP 

Riverfront Plaza, East Tower 

951 East Byrd Street 

Richmond, Virginia 23219 

Telephone: (804) 788-8200 

Facsimile: (804) 788-8218 

Tyler P. Brown (VSB No. 28072) 

Jason W. Harbour (VSB No. 68220) 

Henry P. (Toby) Long, III (VSB No. 75134) 

Proposed Counsel to the Debtor 

and Debtor in Possession

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

In re: 

LECLAIRRYAN PLLC, 

Debtor.1

Chapter 11 

Case No. 19-34574 (KRH) 

ORDER APPROVING CLIENT FILE DISPOSITION PROCEDURES 

Upon consideration of the Motion2 of the above-captioned debtor and debtor-in-possession 

(the “Debtor”) for an order authorizing and approving File Disposition Procedures related to the 

disposition of former client files; the Court finds that (i) it has jurisdiction over the matters raised 

in the Motion pursuant to 28 U.S.C. §§ 157 and 1334(b), (ii) this is a core proceeding pursuant to 

28 U.S.C. § 157(b)(2), (iii) the relief requested in the Motion is in the best interest of the Debtor, 

its estate, and its creditors and within the sound business judgment of the Debtor, (iv) proper and 

adequate notice of the Motion and the opportunity for a hearing thereon has been given under the 

particular circumstances and that no other or further notice is necessary, (v) good and sufficient 

cause exists for granting of the relief requested in the Motion as set forth herein, (vi) the 

1 The last four digits of the Debtor’s federal tax identification number are 2451. 

2 Capitalized terms not defined herein are given the meaning assigned to them in the Motion. 

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transmission of written notice and notice by publication is a reasonable means of locating former 

clients in an effort to advise such former clients of the need to retrieve their Remained Client Files, 

and (vii) the legal and factual bases set forth in the Motion establish just cause for the relief granted 

herein. Therefore, 

IT IS HEREBY ORDERED THAT: 

1. The Motion is GRANTED. 

2. The Debtor and any successor trustee including, without limitation, any Chapter 7 

trustee appointed in the Debtor’s bankruptcy case (collectively, the “Debtor/Trustee”) is 

authorized and directed to send written notice, substantially in the form attached to the Motion as 

Exhibit B (the “Notice of Intent”), by electronic means (if known) or by first class mail to those 

former clients whose files may be included in the Retained Client Files using the most current 

contact information available to the Debtor. The Notice of Intent will advise the former clients 

that the Debtor/Trustee may currently be in possession of certain client files which the 

Debtor/Trustee intends to dispose of no less than 90 days after the Notice of Intent is mailed to the 

former client, unless the client completes and returns a “File Retrieval Form,” which the 

Debtor/Trustee shall deliver with the Notice of Intent, to the Debtor/Trustee postmarked on or 

before the expiration of the 90 day notice period. The File Retrieval Form must be timely received 

by the Debtor/Trustee in order for a former client to preserve its right to claim and retrieve its files. 

The deadline shall be no less than 90 days after the Notice of Intent is mailed to the former clients. 

Once the File Retrieval Form is received by the Debtor/Trustee, the Debtor/Trustee is authorized 

to instruct the off-site storage facility(ies) to release and transfer the hard copy files to the former 

client. The foregoing procedures are hereinafter referred to as the “File Disposition Procedures.” 

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3. The Debtor/Trustee is authorized and directed to provide notice to former clients 

regarding the File Disposition Procedures by publication notice (“Publication Notice”) one time 

in both the Richmond Times Dispatch and a nationally circulated publication. The Debtor/Trustee 

is authorized and directed to publish the Publication Notice, in a form substantially similar to 

Exhibit C attached to the Motion. The Publication Notice will provide former clients with 90 days’ 

notice from the date the Publication Notice is published to contact the Debtor/Trustee to request a 

File Retrieval Form and to return the File Retrieval Form to the Debtor/Trustee on or before 90 

days after the publication date of the Publication Notice. 

4. If a File Retrieval Form is not timely received by the Debtor/Trustee concerning 

any Retained Client Files, then the Debtor/Trustee may arrange for the destruction of such 

Retained Client Files in a manner that will reasonably ensure that client confidences are not 

compromised. The Debtor/Trustee will pay the costs for such destruction of Retained Client Files. 

5. If a File Retrieval Form is timely received by the Debtor/Trustee, then the former 

clients shall have a reasonable opportunity thereafter to make arrangements to retrieve their 

Retained Client Files, either in hard copy or electronic version. If a former client fails to make 

adequate arrangements for the retrieval of its Retained Client Files or otherwise fails to retrieve its 

Retained Client Files within thirty (30) days, then the Debtor/Trustee may arrange for the 

destruction of such Retained Client Files in a manner that will reasonably ensure that client 

confidences are not compromised. The Debtor/Trustee will pay the costs for such destruction of 

Retained Client Files. 

6. Any former client’s retrieval of Retained Client Files shall be subject to payment 

of all costs attendant to retrieval by the former client or its qualified agent, including, without 

limitation, (i) any charges arising from the removal, mailing, and disposition of such Retained 

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4 

Client Files; and (ii) the retrieval and delivery of electronic Retained Client Files that will require 

the Debtor/Trustee to incur time and expense processing, compiling and delivering such electronic 

data to such former clients. The Debtor/Trustee will not be responsible for the payment of any 

fees to a storage facility or any other third party related to the delivery or return of a Retained 

Client File to any party. 

7. Notwithstanding any other provision in this Order, the Debtor/Trustee is authorized 

to retain any Retained Client File it deems necessary for the administration of the estate or for any 

other reason. 

8. The Debtor/Trustee shall take reasonable steps to avoid the destruction of certain 

estate planning documents, such as wills, and intrinsically valuable documents to the extent the 

Debtor/Trustee has any such files. In the event the Debtor does not receive a File Retrieval Form 

or cannot locate the owner(s) of Retained Client Files that include ongoing criminal defense 

matters or estate planning documents, the Debtor shall be permitted to destroy such Retained Client 

Files. 

9. The File Disposition Procedures do not violate any ethical or professional rules that 

would otherwise require a law firm outside of bankruptcy to retain copies of client files for a set 

number of years after a client’s file is closed. 

10. This Order and the File Disposition Procedures shall be binding on any successor 

in interest to the Debtor, including, without limitation, any Chapter 7 Trustee. 

11. The Debtor/Trustee is authorized and empowered to take all actions necessary to 

implement the relief granted in this Order. 

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5 

12. This Court shall retain jurisdiction over any and all matters arising from or related 

to the implementation or interpretation of this Order. 

Dated:______________, 2019 

UNITED STATES BANKRUPTCY JUDGE 

Entered on Docket: _____________________ 

WE ASK FOR THIS: 

/s/ Jason W. Harbour___

Tyler P. Brown (VSB No. 28072) 

Jason W. Harbour (VSB No. 68220) 

Henry P. (Toby) Long, III (VSB No. 75134) 

HUNTON ANDREWS KURTH LLP 

Riverfront Plaza, East Tower 

951 East Byrd Street 

Richmond, VA 23219 

Tel: (804) 788-8200 

Fax: (804) 788-8218 

Email: tpbrown@HuntonAK.com 

jharbour@HuntonAK.com 

hlong@HuntonAK.com 

Proposed Counsel to the Debtor 

and Debtor in Possession 

CERTIFICATION OF ENDORSEMENT 

UNDER LOCAL BANKRUPTCY RULE 9022-1(C)

I hereby certify that the foregoing proposed order has been endorsed by or served 

upon all necessary parties. 

/s/ Jason W. Harbour

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Exhibit B 

Notice of Intent and File Retrieval Form 

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NOTICE OF INTENT TO DISPOSE OF CLIENT FILES 

Dear Sir/Madam: 

As you may know, on July 29, 2019, LeClairRyan PLLC (the “Firm”) elected to dissolve 

and to wind up its business operations under the direction of the Firm’s Dissolution Committee. 

As you also may know, on September 3, 2019, the Firm filed for Chapter 11 bankruptcy in the 

United States Bankruptcy Court for the Eastern District of Virginia (the “Bankruptcy Court”), Case 

No. 19-34574-KRH. 

The Firm’s records indicate that there may be files held by the Firm pertaining to the Firm’s 

former representation of you and/or your company. The purpose of this letter is to determine 

whether you would like to take custody of any of the files that the Firm is holding, including those 

located at off-site storage facilities, or whether the records instead may now be destroyed. 

Important Notice 

IF WE DO NOT RECEIVE A RESPONSE FROM YOU ON OR 

BEFORE [_insert 90 days after the date of mailing_], YOUR FILES 

MAY AUTOMATICALLY BE PERMANENTLY DESTROYED 

WITHOUT FURTHER NOTICE TO YOU. 

This letter is to inform you that the Bankruptcy Court has approved procedures for 

disposing of client files. The procedures allow you an opportunity to retrieve, at your expense, all 

files, if any, identified as relating to legal services provided to you. These files may include 

physical files or files in electronic form. To ensure the confidentiality of client information, files 

that are not retrieved will ultimately be permanently destroyed. The procedures approved by the 

Bankruptcy Court supersede all prior procedures for the transfer of files. 

Please indicate on the enclosed File Retrieval Form whether you wish to retrieve your files 

and return the complete form to us promptly. Your response must be received no later than [_insert 

90 days after the date of the letter_]. 

The bankruptcy estate of the Firm is not in a position to absorb any of the costs associated 

with copying or transferring these files, whether in hard copy or electronically. Under the 

approved procedures, you will be responsible for any costs associated with the retrieval of your 

client files. Thank you for your attention to this matter. 

If you wish to obtain these files, please so indicate on the enclosed form. We will then 

contact you and provide you with an estimate of the costs associated with transferring these records 

to you, along with any instructions concerning the necessary electronic hardware you will need to 

provide us to transfer any electronic files. 

We look forward to receiving your response as soon as possible. Thank you for your 

cooperation. 

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LeClairRyan PLLC (the “Firm”) Client File Retrieval Response Form 

Please provide the following information: 

Client Name: 

Contact Name: 

Address: 

Direct Telephone: 

Email Address: 

I DO / DO NOT (circle one) wish to retrieve and take custody of ALL (you cannot choose to take 

some files and not others) physical records currently in the possession of the Firm related to legal 

services provided by the Firm to me. 

I DO / DO NOT (circle one) wish to retrieve and take custody of ALL (you cannot choose to take 

some files and not others) electronic records currently in the possession of the Firm related to 

legal services provided by the Firm to me. 

I understand that if I wish to retrieve and take custody of my files, I will be responsible for all costs 

associated with retrieval and delivery of such files. 

I understand that if I do not wish to retrieve and take custody of my files, or if I make no selection 

on this File Response Form, I authorize the Firm to destroy my files. 

___________________________ 

Signature 

___________________________ 

Print Name 

___________________________ 

Print Relationship to Client 

___________________________ 

Date 

Return Completed Form To: 

[_insert address_] 

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Exhibit C 

Publication Notice 

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NOTICE OF INTENT TO DISPOSE OF CLIENT FILES 

ATTENTION: To all former clients of LeClairRyan PLLC (the “Firm”). 

On [__], 2019, the United States Bankruptcy Court for the Eastern District of Virginia (the 

“Bankruptcy Court”) entered an Order [Doc. No. __], Case No.19-34574-KRH, authorizing the 

Firm to dispose of certain client files remaining in its possession pursuant to certain file disposition 

procedures. Parties who believe that their file(s) are in the possession of the Firm and desire to 

retrieve such file(s) are asked to follow these disposition procedures. If you fail to retrieve your 

files after a certain period of time, as set forth below, unretrieved files will be destroyed. 

A. HOW TO REQUEST AN OPPORTUNITY TO RETRIEVE YOUR FILE 

To request an opportunity to claim and retrieve a client file, (i) the former client on whose 

behalf services were rendered; (ii) a qualified agent of such client; or (iii) the attorney formerly or 

presently responsible for the file, shall complete and return a File Retrieval Form, according to the 

instructions contained therein, which form can be obtained by contacting the Firm at: 

[_insert address_] 

SUCH FILE RETRIEVAL FORMS MUST BE RECEIVED BY _____. 

To the extent a File Retrieval Form is timely received, the identity of the client or qualified 

agent requesting the file(s) will be verified and all available information concerning the location 

of the file(s) will be provided and such former client or qualified agent will be provided an 

opportunity to obtain the file(s). It will be the client’s responsibility to pay for all delivery and 

related retrieval charges. Such file(s) will not be disposed of or abandoned by the Debtor if 

adequate arrangements are made with the Debtor or the possessor of the file by _____. If adequate 

arrangements are not made for the retrieval of the files by _____, the files may be destroyed 

without further notice. 

B. CONSEQUENCES OF FAILURE TO REQUEST AN OPPORTUNITY TO 

RETRIEVE YOUR CLIENT FILE 

FOR THOSE FILES FOR WHICH NO FILE RETRIEVAL FORM IS TIMELY 

RECEIVED, THE BANKRUPTCY COURT HAS GRANTED THE FIRM THE 

AUTHORITY TO DESTROY SUCH FILES. ACCORDINGLY, YOUR FILE (OR YOUR 

CLIENT’S FILE) MAY BE DESTROYED IF YOU CHOOSE NOT TO ACT BY _____. 

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