Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Engagement Letters are a CPA's Best Protection Against Lawsuits

Author: Scarinci Hollenbeck, LLC

Date: June 14, 2016

Key Contacts

Back

When should you implement engagement letters?

For many practicing accountants, their main cause of litigation is the result of client allegations that they failed to perform a scope of services that may or may not have been outside their engagement. According to Accounting Web, this is where engagement letters come into play for CPAs because it enables them to protect themselves from liability. An engagement letter is best practice to eliminate doubts over the scope of agreed-upon services between the client and accountant – and thus significantly reduce risk of litigation.

However, do you really need to use engagement letters?

According to research cited in a Bloomberg BNA report by Sarah Beckett Ference, CPA and risk control director at CNA Insurance, 49 percent of CPA firms in the AICPA Professional Liability Insurance Program that had professional liability claims brought against them did not use engagement letters. The reason? These contracts were deemed to be an administrative burden, so it is not a required practice at many firms.

The issue is that in lieu of a properly drafted contract, lawsuits can prove to be even more of an administrative nightmare, as well as costly and time-consuming. Appropriately customized engagement letters detailing the practice and scope of services decreases the potential for controversy and greatly improves the odds of favorable resolutions.

Some benefits of engagement letters

One of the most significant misconceptions about the value of the engagement letter is that third parties can also bring lawsuits against a CPA firm. Third parties such as investors, vendors and lenders can sue accountants for malpractice if they rely on a firm’s accounting work. This is where engagement letters can reduce the audience who is meant to rely on the services. That is a crucial clause in an engagement letter because third party rights to sue vary from state to state, so this is where expert legal assistance is important. A prime example of what CPAs can do if third party rights to sue are limited in their jurisdiction is to require the client to indemnify, which would effectively remove any liability for the accountant.

Another benefit of engagement letters is that provisions can be added to mandate alternative dispute resolution in the event of a claim brought against a firm. These ADRs could potentially cut out thousands of dollars in liabilities to client or third party claims. With the CPA’s insurer’s approval, accountants can include language in the engagement letters to involve ADRs like arbitration or mediation.

The bottom line on engagement letters

There are no certainties that engagement letters can completely protect CPA firms against client or third party claims. But the use of these contracts can at the very least provide a detailed list of accurate information regarding the services they have retained the accountant to perform, the limitations of those services, and the responsibilities of both the accountant and the clients arising from the engagement. By bridging the information and expectation gaps, firms can cover their bases against many issues that lead to professional liability claims.

This is why CPAs should consult with knowledgeable attorneys to prepare engagement letters that cover the scope of services provided to clients in order to ensure their effectiveness.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable? post image

Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable?

Case law following the 2010 amendments to Federal Rule of Civil Procedure 26 offers guidance on how courts are likely to address whether an expert witness’s AI records are subject to discovery. Key Takeaways Rule 26 Expert Discovery After the 2010 Amendments This article addresses the question courts and lawyers have faced in recent cases: […]

Author: Chris Seelinger

Link to post with title - "Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable?"
How Expert Witness AI Use Ends Up in Discovery post image

How Expert Witness AI Use Ends Up in Discovery

“Show how 3M is 0% at fault.” The absurd tale of how a 350-page ChatGPT history for 3M’s expert witness was produced during a deposition is more likely than you think. It’s an inevitable trend, and an unsettled question for federal courts as experts make generative AI part of their workflow. Key Takeaways Expert Witness […]

Author: Chris Seelinger

Link to post with title - "How Expert Witness AI Use Ends Up in Discovery"
The Screenshot Problem: Why Nothing Is Really Private Anymore post image

The Screenshot Problem: Why Nothing Is Really Private Anymore

Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]

Author: Sean M. Pena

Link to post with title - "The Screenshot Problem: Why Nothing Is Really Private Anymore"
BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers post image

BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]

Author: Nicholas Wall

Link to post with title - "BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers"
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!