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Bar News - October 16, 2009

NH Supreme Court Professional Conduct Committee

Gosling, Tamblyn F. advs.
Julie Simpson # 07-035

SUMMARY OF ORDER
SIX MONTH SUSPENSION STAYED FOR TWO YEARS

This matter arises from a divorce case in which Tamblyn F. Gosling, Esquire, of Goffstown, New Hampshire, represented the husband. During the litigation, Ms. Gosling requested that Julie Simpson, the wife, sign an authorization so that Ms. Gosling could obtain records from the wife’s medical provider. Upon return of the release, Ms. Gosling altered it to include requests for seven additional types of records that were not previously authorized. Ms. Gosling made the alterations in different colored ink than that used in the original release. Ms. Gosling then forwarded the altered release to the medical provider.

The Committee found by clear and convincing evidence that Tamblyn F. Gosling violated the following Rules of Professional Conduct: 4.1(a): Truthfulness in Statements to Others, 4.4: Respect for Rights of Third Persons, and 8.4(a): Misconduct.

Ms. Gosling forwarded the altered release of medical records to a medical provider. By sending the altered release, she intended to induce the provider into believing that the release was valid and legal. This constitutes a false statement of material fact to a third party.
Ms. Gosling violated the legal rights of Ms. Simpson by attempting to obtain privileged medical information wihout the necessary release and by altering the original release without the authority to do so.

Truthfulness and candor in the practice of law are critical to public confidence in the profession and central to public protection. The Committee assessed the aggravating and mitigating factors in determining the sanction. On July 21, 2009, the Committee issued a six month suspension from the practice of law, stayed for a period of two years. A further Motion to Reconsider was denied on August 18, 2009. The matter is public record and available for inspection at the New Hampshire Supreme Court Attorney Discipline Office, 4 Chenell Drive, Suite 102, Concord, New Hampshire 03301.

October 7, 2009

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