Wednesday, March 14, 2018

Attorney Suspended In South Carolina

The South Carolina Supreme Court imposed a six-month suspension for misconduct in two matters.

One involved stiffing a court reporter

On approximately seven occasions during February 2005 and October 2007, respondent and his previous law partner retained the services of a court reporter for appearances and depositions. Transcripts of the depositions were ordered by respondent and his law partner and delivered to their law offices, along with an invoice for each transcript. The total amount of the outstanding invoices was approximately $4,040.69. When the invoices remained unpaid, the court reporter filed an action in magistrate's court and obtained a default judgment against respondent and his law partner for the amount of the unpaid invoices plus court costs, for a total of $4,120.69. Respondent failed to pay his portion of the unpaid invoices — $3,279.11. Respondent represents he was initially unaware of the outstanding invoices or of the court reporter's lawsuit and judgment. However, respondent was put on notice of the allegations by ODC on or about March 29, 2012, and he has still failed to pay the outstanding invoices.

The other involved an assignment and authorization

After trial, respondent attempted to negotiate the amount of the neurologist's bill. After closely scrutinizing the neurologist's charges, respondent believed some of the charges had been inflated and some charges were fraudulent. The neurologist eventually filed a lawsuit against respondent and Client B to recover the full  amount of his bill. The jury awarded the neurologist $9,054.81.

Respondent failed to disclose to the trial judge in the personal injury action that he had offered material evidence and testimony at trial — in the form of the neurologist's bill and testimony — that he later learned was partially false. In addition, by the time the neurologist's action against respondent and Client B was resolved, respondent had distributed all remaining settlement funds to Client B. Respondent failed to hold the disputed $71,000 in trust pending resolution of the dispute.

(Mike Frisch)

Bar Discipline & Process | Permalink


Whitlarks are all scumbags. Awful family with no morals

Posted by: Jack | May 31, 2018 4:32:33 PM

Attorney Mark Whitlark is one of the top trial lawyers in Sourh Carolina. He is loyal t a fault at times taking little money to help others who can’t afford because he knows these people are innocent and would not turn his back on them. Give him a break and get him back to what he does best. Being a trial lawyer. It is a huge loss to the community . We all make mistakes and his where so minor that it is a joke.

Posted by: Gigi | Sep 5, 2018 10:10:27 PM

Attorney Marcus Whitlark is Fully Reinstated To The Practice of Law By The South Carolina Supreme Court On December 19,2018.

Posted by: J Marcus Whitlark | Feb 23, 2019 12:49:33 PM

Mark Whitlark is a despicable person. Everyone who knows him personally is aware that he is an alcoholic and drug abuser.

Posted by: Linda C | Mar 10, 2019 12:59:07 PM

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