Ethical Screen
Our Commitment to Ethical Practice and Client Confidentiality.
The Four Pillars of Ethics.
At Hearn & Fleener, our commitment to the ethical practice of law is not a policy statement. It is the foundation on which every client relationship we have ever built has rested. For over 40 years, our clients have trusted us with their most sensitive legal and financial decisions, and that trust has been earned through consistent, transparent, and uncompromising professional conduct.
This page exists to inform our clients, colleagues, and the public about a specific ethical situation that arose when accomplished trial attorney Adam Gentile joined our firm, and about the concrete measures we implemented to ensure that every client relationship remains fully protected. We believe you deserve to know exactly what we did and why.
Our Ethical Standards.
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Ethics
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Commitment
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Trust
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Screening
Ethics Before Advantage.
At Hearn & Fleener, we are committed to excellence not only in advocacy but also in ethics. That’s why we want to take a moment to inform our clients, colleagues, and the public about a recent development at our firm, and the measures we’ve taken to uphold the highest standards of professionalism.
Adam Gentile, an accomplished trial attorney with extensive construction defect experience, has recently joined our team of attorneys. Adam’s background includes working on the defense side, where he represented builders and developers in construction defect cases. Hearn & Fleener has represented, and will continue to represent, homeowners and homeowner associations in cases that are adverse to a few of Adam’s former builder / developer clients. We understand that this may raise some questions.
We take transparency and professional ethics very seriously at Hearn & Fleener. While Adam’s experience will undoubtedly enhance our firm’s broader capabilities, our firm’s commitment to the ethical practice of law has always, and will always, come first. This includes our commitment to protecting the confidentiality, trust, and integrity of every attorney-client relationship. Without limitation, this includes protecting the confidentiality, trust, and integrity of the relationships shared between Adam and his former clients.
To that end, we want 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. Moreover, Hearn & Fleener 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.
Why? Because protecting the confidentiality and trust placed in Adam by his former clients isn’t just an obligation, it’s a priority that overrides all others. At Hearn & Fleener, our ethical duties always come first.
Our Ethical Screening Protocols.
Based on these important considerations, Adam will have no involvement whatsoever in any Hearn & Fleener case (past, present, or future) that involves one of Adam’s former clients. Prior to Mr. Gentile’s first day, Hearn & Fleener also implemented strict ethical screening protocols that fully isolate Adam from any such case. These ethical screening protocols include, but are not limited to:
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.
Complete Exclusion: Adam is entirely walled off from, and is barred from participating in, all Hearn & Fleener matters (past, present, and future) that involve Adam’s former builder or developer clients. Adam is not permitted to attend meetings, access documents, or even be present during discussions for cases that involve Adam’s former clients. All electronic and physical files that involve Adam’s former clients have also been password-protected or, in the case of tangible documents, have been physically secured.
Firm-Wide Notification and Zero Tolerance: Every employee and attorney at Hearn & Fleener has also been notified of the firm’s screen and is required to strictly comply. There are no exceptions. Any breach of the screen must be reported immediately and, in the event confidential information is somehow disclosed, termination will result.
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. For that reason, Hearn & Fleener will never acquire or use any confidential information from Adam’s prior representation in matters involving Adam’s former clients. While the steps we have taken go beyond what the rules require, we also believe they are important and ensure all client confidences remain protected.
If you have questions about our ethical screening protocols or would like to learn more about how we maintain strict compliance with the rules of professional conduct, please don’t hesitate to contact us, we welcome the opportunity to discuss these issues.
Maintaning Ethics & Trust.
At Hearn & Fleener, we are committed to excellence not only in advocacy but also in ethics. That’s why we want to take a moment to inform our clients, colleagues, and the public about a recent development at our firm, and the measures we’ve taken to uphold the highest standards of professionalism.
Adam Gentile, an accomplished trial attorney with extensive construction defect experience, has recently joined our team of attorneys. Adam’s background includes working on the defense side, where he represented builders and developers in construction defect cases. Hearn & Fleener has represented, and will continue to represent, homeowners and homeowner associations in cases that are adverse to a few of Adam’s former builder / developer clients. We understand that this may raise some questions.
We take transparency and professional ethics very seriously at Hearn & Fleener. While Adam’s experience will undoubtedly enhance our firm’s broader capabilities, our firm’s commitment to the ethical practice of law has always, and will always, come first. This includes our commitment to protecting the confidentiality, trust, and integrity of every attorney-client relationship. Without limitation, this includes protecting the confidentiality, trust, and integrity of the relationships shared between Adam and his former clients.
To that end, we want 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. Moreover, Hearn & Fleener 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.
Why? Because protecting the confidentiality and trust placed in Adam by his former clients isn’t just an obligation – it’s a priority that overrides all others. At Hearn & Fleener, our ethical duties always come first.
Maintaining Ethics and Trust in Every Matter We Handle.
In the complex and high-stakes field of construction defect litigation, maintaining the highest standards of professional ethics is not optional. It is what makes everything else possible. Our clients trust us with some of the most important decisions their communities will ever face, and that trust is only possible because our ethical foundation has never wavered in over 40 years of practice.
Implementation.
Building the Screen.
Our ethical screen for Adam Gentile was built and implemented before his first day at the firm. We did not wait to see whether conflicts would arise. We acted proactively to ensure that every former client relationship he carried into our firm would be fully protected from the moment he arrived.
Integrity.
Ethical Process.
We adhere to the strictest standards of legal ethics in every matter we handle. Our clients' confidential information is never compromised by internal transitions, personnel changes, or competing interests. Our ethical obligations to every client we represent have always been and will always be absolute.
Expertise.
40+ Years in the Industry.
Our team is deeply versed in the Colorado Rules of Professional Conduct, and our four decades of practice have been built on a consistent record of ethical compliance and professional transparency. We navigate complex multi-party litigation with complete transparency because our clients deserve nothing less.
Results.
Trusted Partner in Colorado.
By maintaining rigorous ethical standards in every situation, we protect our clients from the risk of case disruption, protect the firm from the risk of disqualification, and preserve the trust that makes our client relationships possible. Every community that works with Hearn & Fleener can do so with complete confidence in our integrity.
Why We Share This Information With You.
Some law firms would handle an ethical screen quietly, implementing the required protocols internally without ever informing their clients or the public. We chose a different approach because we believe that the communities and property owners who trust us with their most important legal decisions deserve to know exactly how we handle every aspect of our professional obligations.
Transparency is not a legal requirement on this page. It is a choice we made because it reflects who we are as a firm. The same commitment to honesty and complete disclosure that we bring to our clients' construction defect cases applies to how we manage our own professional responsibilities. If you have ever wondered whether Hearn & Fleener holds itself to the same standard it holds builders and developers to, this page is your answer.
We hold ourselves to a higher standard. Always.
Questions About Our Ethical Standards? We Welcome the Conversation.
If you have questions about our ethical screening protocols, our conflict of interest policies, or how we protect client confidentiality at Hearn & Fleener, please contact us directly. We are always willing to discuss our professional standards openly and completely.
And if your community has construction defect concerns, we are equally ready to help you take the first step toward recovery with a free confidential evaluation.