Maintaining Ethics and Trust: Welcoming Adam Gentile to Hearn & Fleener

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. 

Ethics Before Advantage

One of the foundational rules governing attorneys is the principle that a lawyer who previously represented a client cannot later represent someone adverse to that client in the same or a substantially related legal matter.  The core principles for this important rule are, in our opinion, three-fold:

Protecting Confidential Information.  When a client hires a lawyer, they may share sensitive or confidential information.  Even after the legal case ends, the lawyer may still hold that knowledge.  If the lawyer later represents an opponent in the same or a related case, there’s a risk that the lawyer could use such information to harm the former client.  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.  Allowing a lawyer to later “switch sides” would betray that trust.  For good reason, the rules prevent lawyers from turning against a former client in the same or a related matter, thus ensuring that the loyalty owed to a client doesn’t evaporate just because a case is over.

Protecting Public Confidence in the Legal Profession.  We also understand the importance of public perception and confidence.  The legal system only works if people believe attorneys will act ethically.  If attorneys could routinely oppose their former clients in the same or related cases, the public’s trust in lawyers – and in the fairness of the system – would erode.  By protecting these confidences above all else, the rules reinforce public confidence in the integrity and professionalism of lawyers.

The prohibition against representing a new client against a former client in the same or a related matter isn’t about limiting attorneys, it’s about protecting clients.  It ensures every client (even those that may be adverse to our clients) can confide in their lawyer without fear that those confidences could later be used against them.  This includes protecting the confidentiality, trust, and integrity of the relationship that Adam shared with his previous builder / developer clients.

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.