3. Issues to Consider
Policyholders
Not all time on engagements billed
Late billing by firm
Liability carrier exclusion for fee disputes
Strict adherence to liability policies may
prevent cancellation or suspension of policy
and benefits
Economic reality of lawsuits
Accounting Malpractice
Statute of Limitations
4. Objective: Increase realization rates
Overview:
Tighten risk management and assessment policies.
Secure engagement letters which include policies
regarding payment of fees and fee disputes.
Record all time spent on client engagement.
Act diligently to collect current and aged receivables.
Evaluate work papers and files for possible error's
(anticipated counterclaims and suit.)
Consult with your liability carrier prior to referring the
claim for collection.
Use collection counsel with experience handling
accounting fee disputes.
5. Risk Management and Assessment Policies
1. Due diligence on Prospective Client
Internet search
Check public records for lawsuits,
judgments, liens, and pending litigation.
Check public records for assets.
6. Risk Management and Assessment Policies
2. Identify High Risk Clients
Clients with cash flow issues and/or poor internal controls
Clients with lack of stability
Clients who require expertise not possessed by the firm
Clients who negotiate initial retainer
Clients that are unable or unwilling to pay fair fees
Clients who have repeatedly changed accounting firms
Clients with multiple judgments and lawsuits
Client engagements that "feel wrong"
7. Risk Management and Assessment Policies
3. Engagement letters
Standard clauses
Fees
Specific work being performed
Limitations
Dispute resolution clause(s)
Reservation of right to withdraw or terminate
engagement
Specific clauses which will protect the
practitioner
Rates subject to change
8. Risk Management and Assessment Policies
3a. Engagement letters
Do not proceed without the signed
engagement and initial fee retainer.
9. Risk Management and Assessment Policies
4. Addendums to Engagement Letter.
Change in scope or additional work to be
performed
Change in fees or rates
Client must sign off on addendum before
performing additional work
10. Billing Practice
1. Record and account for all time on
engagement.
Bottom line effect
Staffing issues
Profitability
11. Billing Practice
2. Active collection efforts on current and
aged receivables.
Bill timely
Contact client for payment in a phone
and email
Establish a collection policy
12. Fee Disputes and Non-Payment:
Always Anticipate a Dispute
Fee Dispute Provisions
Mediation
Arbitration
Litigation
Include a provision limiting your firm’s
liability