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Tamblyn L. Fuller Gosling (2018)
THE STATE OF NEW HAMPSHIRE
SUPREME COURT
ORDER LD-2017-0016, In the Matter of Tamblyn L. Fuller Gosling, Esquire On February 27, 2018, the Professional Conduct Committee (PCC) filed a recommendation that Attorney Tamblyn L. Fuller Gosling be disbarred. The PCC’s recommendation was based on a stipulation signed by Attorney Fuller Gosling and Disciplinary Counsel, in which Attorney Fuller Gosling admitted that she had violated numerous Rules of Professional Conduct and conceded that disbarment was the appropriate sanction for her misconduct. In the stipulation, Attorney Fuller Gosling expressly waived her procedural rights under Supreme Court Rules 37 and 374, including her rights under Rule 37(16). These rights include the right to be served with the PCC’s recommendation and to be heard on the recommendation prior to the imposition of discipline. Because the PCC’s recommendation was based on the stipulation agreed to by both Attorney Fuller Gosling and Disciplinary Counsel as to Attorney Fuller Gosling’s violations of the Rules of Professional Conduct and the appropriate discipline for the violations, and because Attorney Fuller Gosling has waived her rights under Rule 37(16), the court concludes that it is unnecessary to serve Attorney Fuller Gosling with the PCC’s recommendation or to provide an opportunity to be heard on the PCC’s recommendation. In the “Stipulation to Disbarment” approved by the PCC, Attorney Fuller Gosling admitted that she misappropriated client funds, commingled personal funds and client funds, and failed to maintain her trust account in accordance with the requirements of Rule 50. She conceded that her conduct violated the following Rules of Professional Conduct:
1. Rule 1.1, which requires a lawyer to provide competent representation to a client;
2. Rule 1.3, which requires a lawyer to act with reasonable diligence and promptness in representing a client;
3. Rule 1.5, which prohibits a lawyer from charging an unreasonable fee;
4. Rule 1.15, which requires a lawyer to safeguard the property of a client, and Supreme Court Rule 50, which imposes certain requirements on lawyers regarding trust accounts;
5. Rule 3.3, which prohibits a lawyer from knowingly making false statements to a tribunal;
6. Rule 4.1, which prohibits a lawyer from making a false statement of material fact or law to a third person;
7. Rule 4.4, which prohibits a lawyer from taking any action that has the primary purpose to embarrass, delay, or burden a third person; and
8. Rule 8.4(c), which makes it professional misconduct for a lawyer to engage in conduct involving dishonesty. The court has reviewed the “Stipulation to Disbarment” and the PCC’s recommendation that Attorney Fuller Gosling be disbarred. After considering the nature, seriousness, and extent of Attorney Fuller Gosling’s misconduct, the court concludes that disbarment is the appropriate sanction in this case. THEREFORE, the court orders that Tamblyn L. Fuller Gosling be disbarred from the practice of law in New Hampshire. She is hereby assessed all expenses incurred by the PCC in the investigation and prosecution of this matter. Dalianis, C.J., and Hicks, Bassett, and Hantz Marconi, JJ., concurred. DATE: March 20, 2018 ATTEST:
A. — Eileen Fox, Clerk
Distribution: Tamblyn L. Fuller Gosling, Esquire Sara S. Greene, Esquire David M. Rothstein, Esquire Rebecca Fell Brockelman, Esquire File