Ethics Before
Advantage.
Our commitment to ethical practice and client confidentiality.
Our commitment.The ethical practice of law is the foundation of every client relationship we’ve built over more than 40 years. This page explains a situation that arose when trial attorney Adam Gentile joined our firm, and the steps we took to protect every client relationship, including those of Adam’s former clients.
Colorado ethics.Three principles every client is entitled to.
The rule isn’t about limiting attorneys. It’s about protecting clients.
Protecting confidential information.
When a client hires a lawyer, they may share sensitive or confidential information. Even after the case ends, the lawyer may still hold that knowledge. The rules ensure that once a client shares something confidential with their lawyer, it stays protected. Forever.
Preserving loyalty and trust.
The attorney-client relationship isn’t just a business transaction; it’s built on loyalty and fiduciary duty. The rules prevent lawyers from turning against a former client in the same or a related matter, so loyalty doesn’t evaporate just because a case is over.
Protecting public confidence.
The legal system only works if people believe attorneys will act ethically. By protecting these confidences above all else, the rules reinforce public confidence in the integrity and professionalism of lawyers.
The Screen
The screen at a glance.A wall around every affected case.
Implemented before Adam’s first day. It goes beyond what the rules require.
Adam Gentile.
Former defense attorney for some builders and developers.
Cases involving his former clients.
Handled entirely by the rest of our team.
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No information sharing.
No information regarding Adam’s former clients, confidential or otherwise, is permitted to pass to or from Adam and anyone else at our firm. Period.
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Complete exclusion.
Adam is walled off from, and barred from participating in, all Hearn & Fleener matters (past, present, and future) involving his former builder or developer clients. He may not attend meetings, access documents, or be present for discussions. Electronic files are password-protected and physical files are secured.
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Firm-wide notification & zero tolerance.
Every employee and attorney has been notified of the screen and must strictly comply. There are no exceptions. Any breach must be reported immediately and, if confidential information is disclosed, termination will result.
Full statement.Our statement, in full.
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01 Maintaining ethics & trust.
At Hearn & Fleener, we are committed to excellence not only in advocacy but also in ethics. Adam Gentile, an accomplished trial attorney with extensive construction defect experience, has joined our team. His background includes working on the defense side, representing builders and developers in construction defect cases. Hearn & Fleener has represented, and will continue to represent, homeowners and associations in cases adverse to a few of Adam’s former builder/developer clients.
To be perfectly clear: in cases where Hearn & Fleener is adverse to Adam’s former clients, our firm will not benefit in any way from Adam’s prior work, and will never, under any circumstances, rely on, reference, or even risk exposure to any confidential information Adam may have previously acquired from his former clients. Protecting that confidentiality and trust isn’t just an obligation; it’s a priority that overrides all others.
02 Ethics before advantage.
One of the foundational rules governing attorneys is that a lawyer who previously represented a client cannot later represent someone adverse to that client in the same or a substantially related matter. The prohibition isn’t about limiting attorneys; it’s about protecting clients. It ensures every client (even those adverse to our clients) can confide in their lawyer without fear that those confidences could later be used against them, including the relationships Adam shared with his previous builder and developer clients.
03 Our ethical screening protocols.
Adam will have no involvement whatsoever in any Hearn & Fleener case (past, present, or future) involving one of his former clients. Before his first day, we implemented strict ethical screening protocols that fully isolate him from any such case, including no information sharing, complete exclusion, and firm-wide notification with zero tolerance.
04 Our commitment to clients and the profession.
We’re excited about what Adam brings to our firm, but our commitment to the ethical practice of law and the protection of client confidences comes first. While the steps we have taken go beyond what the rules require, we believe they are important and ensure all client confidences remain protected. If you have questions about our protocols, please contact us; we welcome the opportunity to discuss them.
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