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Feb. 11, 2026 Get Citation Alerts Download PDF Add Note

In the Matter of Mark Justin Josephs

Supreme Court of South Carolina

• Citations: None known

• Docket Number: 2025-002191

• Opinion

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Syllabus

In this attorney disciplinary matter, the Court publicly reprimands Respondent for his misconduct.

Combined Opinion

THE STATE OF SOUTH CAROLINA
In The Supreme Court

In the Matter of Mark Justin Josephs, Respondent.

Appellate Case No. 2025-002191

Opinion No. 28316
Submitted December 19, 2025 – Filed February 11, 2026

PUBLIC REPRIMAND

Disciplinary Counsel William M. Blitch, Jr., and
Assistant Disciplinary Counsel Phylicia Yvette Christine
Coleman, both of Columbia, for the Office of
Disciplinary Counsel.

Mark Justin Josephs, of Myrtle Beach, pro se.

PER CURIAM: In this attorney disciplinary matter, Respondent and the Office
of Disciplinary Counsel (ODC) have entered into an Agreement for Discipline by
Consent (Agreement) pursuant to Rule 21 of the Rules for Lawyer Disciplinary
Enforcement (RLDE) contained in Rule 413 of the South Carolina Appellate Court
Rules (SCACR). In the Agreement, Respondent admits misconduct and consents
to a public reprimand. We accept the Agreement and publicly reprimand
Respondent for his misconduct.

I.

Respondent was admitted to practice in 1998 and has no prior disciplinary history.
In May 2023, an audit of the law firm in which Respondent practiced at the time
revealed various billing discrepancies in numerous cases Respondent had handled
and that Respondent had failed to maintain copies of all required financial records.
The auditor determined Respondent owed a total of $25,237 in refunds to clients.
By July 2023, Respondent had issued refunds to all the clients listed on the
auditor's report.

ODC continued investigating this matter throughout 2024, but Respondent failed to
respond completely to several of ODC's requests for information and
documentation.

II.

Respondent admits his conduct violated the following Rules of Professional
Conduct, Rule 407, SCACR: Rule 1.5(a) (charging or collecting an unreasonable
fee or unreasonable amount for an expense); Rule 1.5(c) (requiring a contingent fee
agreement to notify a client of any expenses a client will be expected to pay); and
Rule 8.1(b) (requiring a lawyer to respond fully to a lawful inquiry by ODC).
Respondent's conduct also violated the following financial recordkeeping
provisions of Rule 417, SCACR: Rule 1(e) (requiring a lawyer to maintain copies
of bills for legal fees and expenses rendered to clients).

Respondent also admits his misconduct constitutes grounds for discipline under
Rule 7(a)(1), RLDE, Rule 413, SCACR (providing a violation of the Rules of
Professional Conduct is a ground for discipline). As conditions of discipline,
Respondent also agrees to: (1) attend LEAPP Ethics School and Trust Account
School; (2) retain and work with a law office management advisor for a period of
one year, focusing on all aspects of his practice, but specifically including fee
agreements and billing practices; and (3) complete six extra hours of continuing
legal education on topics related to billing practices, in addition to his annual
MCLE requirements, during the next reporting cycle.

In his affidavit in mitigation, Respondent emphasizes the beneficial results he
obtained for his clients, along with his remorse, lack of prior disciplinary history,
and prompt, voluntary payment of restitution to all clients.

III.

We find a public reprimand is an adequate sanction for Respondent's misconduct.
Accordingly, we accept the Agreement and publicly reprimand Respondent.
Within thirty days, Respondent shall pay the costs incurred in the investigation and
prosecution of this matter by ODC and the Commission on Lawyer Conduct. As
conditions of discipline, Respondent shall: (1) complete the Legal Ethics and
Practice Program Ethics School and Trust Account School within one year; (2)
within thirty days, Respondent shall retain and begin working with a law office
management advisor for a period of one year. This advisor shall be approved by
the Commission and shall specifically review Respondent's fee agreements and
billing practices and submit a report to the Commission containing an analysis of
and recommendations concerning Respondent's billing practices within ninety days
of being retained. For the remainder of the one-year period, Respondent shall meet
with the advisor on at least a quarterly basis to review Respondent's billing and
invoicing practices and ensure accurate billing and invoicing has occurred. This
advisor shall report quarterly to the Commission whether any billing or invoicing
discrepancies have been identified. Respondent shall cooperate fully and promptly
with the law office management advisor and be responsible for payment of the
advisor as well as timely submission of the advisor's reports; and (3) within one
year, Respondent shall complete six extra hours of continuing legal education
courses on topics related to client billing and/or billing practices. These six hours
will be in addition to the annual MCLE requirements.

PUBLIC REPRIMAND.

KITTREDGE, C.J., FEW, JAMES, HILL and VERDIN, JJ., concur.