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Tag Archives: accountants professional liabilit

Put it in writing – Guidelines for file documentation

Documentation can help you avoid, or at least minimize, professional liability claims. It helps improve communication between your clients and staff. Documentation also provides value-added service to clients, while creating potential new services. Certain engagements tend to increase client perception problems because the scope and areas of responsibility are unclear. Documentation is absolutely vital in […]

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How To Minimize The Damage Of Lawsuits

by Rickard Jorgensen, FCII, ACIArb., ARM   Things Beyond Your Control That Precipitate Lawsuits With the advent of the computer era and information age, the cultural and business climate of the nation, and world, has shifted. Businesses have become more complicated, as attitudes sanction greater and greater risk-taking. No longer are there sure-fire lifetime jobs […]

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An overview of the client screening process

By Rickard Jorgensen, FCII, ACIArb, ARM Extracted from Evaluating Clients – Engagement risk screening for CPA firms. There are solid reasons for screening new clients.  Many involve not getting paid, exposure to lawsuits or even the stress related to difficult individuals.  Effective client screening can avoid these problems. Implementing a formal screening process is the […]

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Mergers and Acquisitions: Malpractice Risk Management

Due diligence is an essential part of the mergers and acquisitions evaluation process. It goes without saying that the partners of the acquiring firm have strong financial analytical skills but there are additional factors to be taken into consideration. Recognizing these elements during the due diligence process will reduce the risk of a malpractice claim […]

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Road Map of a Malpractice Lawsuit

By Jason Subbie & Ralph Picardi, Esq. Litigation is a punishing marathon. The process exacts an exhausting toll on the parties.  A complex dispute can take several years from the date of the initial client dispute to the final verdict. And then, just when you think the dust has settled, there are almost always appeals. […]

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ADR Provision in Engagement Letters – a new approach

You may recall the blog posting about the Mediation Clause recommended by Ralph Picardi (go here for a link to the post). Recently certain firms have enjoyed success by augmenting this provision with a section step which essentially provides rules for the resolution of a claim or fee dispute by Arbitration.  While Arbitration as a process has limitations, […]

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Fee Collection – a malpractice risk

Counter suits arising from fee disputes are one of the most common sources of malpractice claims against CPAs. In fact, such suits are a great risk for many professionals. Any steps taken to avoid a collection becoming a malpractice claim are essential. One of the key areas of attention should be a documented Collection Procedure.  […]

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Risk Management for Tax Engagements

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According to the AICPA, in 1990 tax engagement were responsible for 42 per cent of all malpractice claims filed against CPA. Fast-forward to today and that apportionment of losses hasn’t change much. In fact, according to the same source, tax claims against CPAs can be quantified as follows: 55% of total number of claims against […]

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How to get sued……

There have been many articles about how to avoid law suits and what you should not do to attract problems with clients. So with a tongue firmly implanted in the cheek, we thought it would be fun to tell you what you should do to get sued. Accept an assignment that is beyond your expertise […]

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Claims 5 – a risk management protocol

The prior knowledge limitation wording in a Claims Made professional liability policy means that if a member of your firm fails to notify an insurer of a claim or an incident that might reasonably be believed to give rise to a claim during the period of coverage, then the insurer can deny coverage. Early detection, […]

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