The Ohio Supreme Court has issued a public reprimand to Mahoning County attorney Jan Robert Mostov.

According to the case filed on June 12, attorney Mostov was hired by Gwilym and Catherine Owens in Sept. 2018 to represent them in claims arising from the installation of a septic system on their property. 

The report states that Mostov was paid by the Owens a $6,000 fee, which was deposited into his operating account. According to the court records, the attorney did not provide the Owens with an engagement letter or other document noting the nature of the fee or the scope of representation by Mostov.  The Owens were not provided with any written notice form Mostov stating the was "earned upon receipt" or any written documentation regarding their responsibility for ligation expenses.

The case over the septic system was filed in Mahoning Co. courts, with Owens paying case expenses including cost of depositions and expert reports. After mediation on the case failed, Mostov reportedly advised the Owens that his continued representation would require a 12-percent contingency fee, in addition to the $6,000 fee that was previously paid. 

The Owens terminated Mostov's as their court representation in Aug. 2019, and hired a new lawyer. 

The filing states that Mostov did not refund any of the $6,000, however, the Board of Professional Conduct found that Mostov the $6,000 was not excessive for the amount of work provided on the case.

However, the hearing panel ruled that Mostov had violated rules of professional conduct by not communicating to the Owens the nature and scope of representation, and the basis of the rates and fees/expenses, or any change in that rate. The panel also ruled that he failed to provide the Owens with a written contingent fee agreement, and by collecting a flat fee ($6,000) without advising the Owens, they may be entitled to a full or partial refund if Mostov failed to complete their representation.

The parties submitted an agreed sanction of public reprimand for the case.

A Public Reprimand is a public statement issued by the Supreme Court of Ohio informing the public that a lawyer committed misconduct.