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8 High-Risk Clients CPAs Should Avoid
By Hunter Colby, JD, CAMICO Mutual
Insurance Company
Time after time, CAMICO claims specialists hear the same words
when they first contact policyholders to discuss a new lawsuit: "I can't
believe this client is suing me. They were always slow to pay, and I had so
much trouble getting the information I needed from them. It was never worth
the aggravation. I should have gotten rid of them years ago."
CAMICO has long recommended client screening as the first step in an
effective loss control program. CPAs should communicate with predecessor
accountants, client management, and third parties to obtain as much
information as possible about the client.
Some warning signs include:
- Clients who are not a good fit for the firm's expertise and
resources. Is the engagement within the firm's areas of expertise?
Is the engagement risky? Are the rewards of the engagement worth the
risk? If the firm accepts an engagement for which it is not
professionally staffed or qualified, it runs the risk of disappointing
the client, or a third-party, and exposing itself to litigation and
ethics violations. Some CPAs make an annual habit of redefining and
understanding the scope of their own practice, going as far as to write
out a clear statement of what they can do and what they cannot do.
- Clients who won't pay. Does the client appropriately value
CPA services and advice? Does the client pay bills on time? Is the
client financially viable? What is the client's financial track record
(e.g., bankruptcies, business failures)? The answers to these questions
are critical, especially in avoiding fee collection problems and
disputes. Much of the information can be obtained by:
- interviewing the client and the client's key personnel, banker,
attorney, predecessor accountants and auditors
- running a credit check
- examining the past three years of financial statements and tax
returns, and the prior CPA's management letters.
- Uncooperative clients. Is the client reasonable and
knowledgeable? Or is the client difficult and time-consuming? Clients
who don't provide information on a timely basis, or who don't provide
documents or information despite repeated requests, are problems.
- Client with poor internal controls. Obtain a good
understanding of the client's commitment to appropriate accounting
practices and to internal controls. If the client makes it easy for
dishonest people to embezzle from them, the dishonest will embezzle from
them. And the client will then blame CPA for not catching the embezzler.
- Clients who are poor financial managers/bookkeepers. Does the
client meet deadlines? Keep good records? Are the business and
accounting records adequate and in order, or disorganized? Are the
financial statements and tax returns for the past three years
consistent? Clients who don't manage their own financial affairs well
often experience problems for which they hold the CPA responsible. Poor
bookkeeping can cause delays in obtaining information, causing the CPA's
work product to be out of date and useless to the client. Tax returns
may also be filed late, causing the client to incur interest or
penalties. Poor bookkeeping causes the CPA to work harder to get a
handle on financial information, and increased workloads lead to higher
fees, which can lead to conflict.
- Clients with a history of disputes/litigation. Are the
client's expectations of CPAs reasonable? Is the client of a litigious
nature, judging from conversations with prior accountants and/or
attorneys? Are they often unhappy with the results of an engagement,
even though there was nothing wrong with the services performed?
Unreasonable clients will sometimes believe that the CPA rendered
substandard services, especially when they are unhappy with the results.
- Clients with questionable integrity/reputation. The client's
reputation and integrity are paramount. When interviewing the client,
the predecessor accountant, and third parties, look for indications of
the client's integrity and reputation. What people do not say may be
just as important as what they do say.
- High debt/cash poor clients. If they are not financially
responsible, clients may blame the CPA when their finances take a
downturn. Some clients will end up owing so much money to creditors and
to the CPA that they believe asserting malpractice will help them avoid
or reduce the amount they owe.
Much of the pertinent information can be obtained at the client interview
and verified later through other interviews. Background investigations are
recommended for all significant engagements.
In a CPA partnership or professional corporation, it is common practice for
another partner or a client committee to review the client-screening
information and to pass judgment on the acceptability of a new client.
CPA firms should evaluate all potential new clients and re-evaluate all
current clients at least annually. This enables the firm to better monitor
clients, consider any changes that might affect the professional
relationship, and avoid situations that could escalate into crises.
About the Author
Hunter Colby, JD, is a claims specialist with CAMICO Mutual Insurance
Company (www.camico.com)
and has over 20 years of experience in claims, with expertise in claims
avoidance and mitigation procedures.
Reprinted with permission from CAMICO. ©
All rights are reserved.
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July/August 2009
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