Since engagement agreements may not be protected by attorney-client privilege, an attorney must be careful not to be overly detailed in the description of the scope of services.
The overview of the audit procedures should not be included in the engagement letter. The client should not have any idea on what procedures will the auditor perform during audit so that there will no intervention to be done by the company.
An Engagement Letter, also known as an engagement agreement, is a legally binding contract that formalizes the relationship between a service provider and a client by clearly defining the terms, responsibilities, and expectations of both parties.
For an engagement letter to be binding, there must be agreement to the terms on both sides. The engagement letter is drafted and, in most cases, signed by the firm, therefore there is clear evidence of the agreement of the contents of the letter on the firm's side.
The engagement letter is required to be signed by those that are deemed authorized representatives of the engaging party. For an audit firm, the engagement letter should be signed by one of the partners of the firm.
Having a signed engagement letter in place before commencement of an engagement provides an opportunity for either the CPA or the client to add any additional clauses that they believe are necessary.
Purpose of Engagement Letters It's the responsibility of the service provider to draft this document in alignment with the services to be rendered and in compliance with legal and professional standards.
An engagement letter is drafted by the company rendering the service, often with the help of a lawyer. It is than presented to the client, and both parties must sign in order for it to be legally binding.
For an engagement letter to be binding, there must be agreement to the terms on both sides. The engagement letter is drafted and, in most cases, signed by the firm, therefore there is clear evidence of the agreement of the contents of the letter on the firm's side.
The service provider typically prepares the Letter of Engagement, be it a law firm, accounting agency, consultancy, or any professional offering services.