CPABC in Focus March/April 2018 | Page 32

Avoiding Complaints about Fees From CPABC’s Professional Conduct Team* What are the rules regarding fees? Rule 214 of the CPA Code states that CPAs must: • Obtain adequate information from a client before providing a fee quote to perform any professional service; and • Render bills on a fair and reasonable basis. This includes providing appropriate explanations and details when/if a client requests this information. In most cases, CPAs are free to set their fees in any manner they see fit. We’ve seen various methods employed—from hourly billing (the most common practice) to value billing (a set fee for a standard service) to contingent fees (sometimes acceptable). No matter what the method, however, there are certain rules CPAs must follow when it comes to fees. * CPABC’s ethics department is now the professional conduct department. 32 CPABC in Focus • March/April 2018 Contingent fees Rule 215 of the CPA Code contains important requirements regarding contingent fees (i.e., fees that are dependent on certain outcomes). The rule prohibits contingent fees when the professional service is: • One that requires independence, per Rule 204 (this mainly applies to assurance work); • A compilation engagement; or • Preparation of an income tax return. CPABC receives a diverse range of complaints from the public each year. Among them are various complaints about fees from the (mostly former) clients of CPAs. CPABC’s governing legislation does not give us the power to intervene in fee disputes between CPAs and their clients; however, we’re interested in any complaints we receive (more on that later in this article). Complainants sometimes expand fee disputes to include additional allegations, and CPABC can, and does, investigate complaints about fees when it appears that a professional may have breached the CPABC Code of Professional Conduct (CPA Code) during the billing or collection process. Cases we’ve considered thus far include: • A complaint that an accountant had billed for services that were initially advertised as a “free consultation”; and • Allegations that an accountant exhibited unprofessional behaviour when attempting to collect fees. In one instance, we sanctioned a member who used a collection agency in an abusive manner and who threatened to increase the billing amount if the client made a complaint to CPABC. Fee estimates As noted above, before providing a fee quote to a client, CPAs must be confident that they’ve made sufficient enquiries about and have suf- ficient knowledge of the prospective client’s business to make a reasonable estimate. The guidance to Rule 214 of the CPA Code also warns CPAs that if they work for a fee that is significantly lower than the fee charged by their predecessor and/or the fees quoted by others, they should consider the impact of this abnormally lower fee on their perceived independence and on the quality of their work. CPAs should be satisfied that any fee quoted to a client for the performance of professional services is sufficient to ensure that they remain independent of said client and that due care will be applied to comply with all professional standards when performing these services. In other words, it is not acceptable to cut corners in order to charge a low fee.