in what ways can the profession positively respond to and reduce liability in auditing? course hero

by Elouise Gulgowski 4 min read

Why do auditors need professional liability insurance?

An auditor is also expected to complete tasks in good faith and integrity. The auditor’s liability represents the legal liability that is assumed when the auditor is performing professional …

How does the prudent person concept affect the liability of auditor?

 · 5-15 Some of the ways in which the profession can positively respond and reduce liability in auditing are: 1. Continued research in auditing. 5-4 5-15 (continued) 2. Standards …

What is the Auditor's highest responsibility?

5-15 Some of the ways in which the profession can positively respond and reduce liability in auditing are: 1. Continued research in auditing. 2. Standards and rules must be revised to meet …

What happens if an auditor performs his duties negligently?

In what ways can the profession positively respond to and reduce liability in auditing? (Select all that apply.) Lobby for changes in state and federal laws concerning accountants' liability. …

How can audit liabilities be reduced?

Managing Exposure to LiabilityGet rid of high risk clients and troublemakers. ... Make sure in-charge accountants and engagement leaders know what they are doing. ... Tailor engagement practice aids to meet the needs of clients. ... Preach professional skepticism. ... Carefully manage cookie-cutter approaches to audits.More items...•

How can the audit experience be viewed as positive?

An audit provides independent verification that the financial statements are a true and fair representation of the entity's current situation. This provides invaluable credibility and confidence to your organisation's customers/clients, stakeholders, investors or lenders and even potential buyers.

How can the auditing profession be improved?

Key audit quality improvement initiativesconducting effective quality reviews of audits.remediating findings by obtaining the audit evidence necessary to form an opinion on the financial report.identifying root causes of findings from their own quality reviews and our audit inspections.More items...•

How an audit be beneficial to the members of an organization?

Benefits of Being AuditedDetermine adequacy of internal controls.Promote best practices for controls.Ensure compliance with policies and regulations.Identify operational inefficiencies and waste.Review IT projects, systems, and technology.Provide objective insight.Assess efficient and responsible use of resources.More items...

What are advantages of auditing?

Comparison Table for Advantages and Disadvantages of AuditingAdvantagesDisadvantagesAuditing helps with business or system improvementsAuditing requires expertsProvides credibilityImpossible to check all transactionsPrevent fraudUnsuitable for small businessUseful for Planning and BudgetingRisk of bribes and threats1 more row•Feb 25, 2022

What are the benefits of being an auditor?

Advantages of Being an AuditorYou can work on many different projects.Auditors can work for many different clients.You can build a strong network.Auditors can earn decent amounts of money.High level of job security.You can work indoors.Good exit options.You can work in teams of motivated people.More items...

How can you improve audit planning effectiveness and efficiency?

How to improve audit planning effectiveness and efficiencyBegin with the end in mind.Understanding the entity.Assessment of control activities.Avoid easy traps.The importance of planning.

How can professional Scepticism be improved?

Application of Good Judgment Process: An important way to improve professional skepticism in individual auditors is to accelerate their ability to exercise sound judgment by following a good judgment process and learning to avoid judgment traps and biases.

How can auditors improve independence?

Joint auditors keep all auditors in check and enhance the performance level which in turn encourages the level of independence among them. The practicing firms have different avenue such as providing consultancy services, taxation services and non-audit services.

What are the professional qualities of the auditor?

What are the qualities of a good auditor?They show integrity. ... They are effective communicators. ... They are good with technology. ... They are good at building collaborative relationships. ... They are always learning. ... They leverage data analytics. ... They are innovative. ... They are team orientated.

How is audit is beneficial for business development?

An audit allows your auditor to get under the skin of your business to understand its operations. The work of the auditor can identify where systems or management can be improved, or where investment opportunities exist.

Why is audit important in an organization give reason?

An audit is important as it provides credibility to a set of financial statements and gives the shareholders confidence that the accounts are true and fair. It can also help to improve a company's internal controls and systems.

What is the liability of an auditor?

The auditor's legal liability to the client can result from the auditor's failure to properly fulfill his or her contract for services. The lawsuit can be for breach of contract, which is a claim that the contract was not performed in the manner agreed upon, or it can be a tort action for negligence. An example would be the client's detection of ...

Why does audit failure occur?

Audit failure occurs when the auditor issues an incorrect audit opinion because it failed to comply with the relevant auditing standards. There is some level of audit risk on every audit engagement because it would be prohibitively costly for auditors to test every transaction and balance.

What is audit risk?

Audit risk is the risk that the auditor concludes, after conducting an audit in accordance with the relevant auditing standards, that the financial statements were fairly stated when in fact they were materially misstated.

What is contributory negligence?

Contributory negligence used in legal liability of auditors is a defense used by the auditor when he or she claims the client or user also had a responsibility in the legal case. An example is the claim by the auditor that management knew of the potential for fraud because of deficiencies in internal control, but refused to correct them. The auditor thereby claims that the client contributed to the fraud by not correcting material weaknesses in internal control.

What is an example of criminal liability?

An example would be an auditor knowingly permitting the issuance of fraudulent financial statements of a publicly held client. Criminal liability of the auditor may result from federal or state laws if the auditor defrauds another person through knowingly being involved with false financial statements.

What is civil liability under the Securities Act of 1934?

Civil liability under the Securities Act of 1934 relates to audited financial statements issued to the public in annual reports or 10-K reports. Rule 10b-5 of the act prohibits fraudulent activity by direct sellers of securities.

What is the liability of a third party?

In more recent years, the auditor's liability to a third party has become affected by whether the party is known or unknown. Now a known third party, under common law, usually has the same rights as the party that is privy to the contract. An unknown third party usually has fewer rights.

What is the duty of an auditor?

The auditor must possess the requisite skills to evaluate financial statements. The auditor has a duty to employ such skill with reasonable care and diligence. The auditor undertakes his task (s) with good faith and integrity but is not infallible.

Who are the auditors responsible for?

It is generally known that auditors are responsible to two groups of third parties: 1) Known users of the financial statements, and 2) A limited class of foreseeable users who will rely on the financial statements. Known users of the financial statements consist of the actual shareholders and creditors of the company.

What is audit risk?

Audit risk is the risk that an auditor does everything correctly/to the best of his/her ability, but may still express an inappropriate audit opinion on the financial statements.

What is due care in accounting?

Due care generally implies four things: 1 The auditor must possess the requisite skills to evaluate financial statements 2 The auditor has a duty to employ such skill with reasonable care and diligence 3 The auditor undertakes his task (s) with good faith and integrity but is not infallible 4 The auditor may be liable for negligence, bad faith, or dishonesty, but not for mere errors in judgment

What is an independent auditor's report?

Auditor's Report An independent Auditor’s Report is an official opinion issued by an external or internal auditor as to the quality and accuracy of the. Forensic Audit Guide. Forensic Audit Guide A forensic audit is a detailed audit of a company's records to be used in a court of law in a legal proceeding.

What is bad luck in auditing?

There are simply bad luck situations when an auditor, for example, decides to pick a sample to audit which is not representative of the entire population of data. The errors originate from unfortunate situations and are not the auditor’s responsibility.

Do auditors know the type of user?

For example, if the company is trying to issue new equity or get a loan from a bank, these potential investors and the potential creditor (i.e., a bank) will fall under the class of foreseeable users. Therefore, even though the auditor does not know the specific user, the auditor is aware that the client will be using the financial statements to raise bank financing or issue new shares – thus, they know the type of user.

What is the responsibility of an auditor?

This leads the auditors to take out professional liability insurance.

What are the two major skills required for an auditor?

Auditors are required to show two major skills while carrying out activities as independence and competence.

Why are limited liability agreements used?

Limited liability agreements have been used a lot in recent years to reduce threats of litigations from clients.

What is audit quality?

Audit quality. Firms must manage their exposure to claims of intelligence. It means applying audit standards and code of ethics for auditors and complying with terms and conditions as agreed in the engagement letter. The audit firms should also invest time and money to make the improvements happen.

What is audit subject to?

The audit is subject to legislation as per the Companies Act of the country. This Act includes the sections on auditors’ qualifications, how they can be appointed, and what would be their functions.

Why should audit firms invest time and money?

The audit firms should also invest time and money to make the improvements happen. The firm would improve audit only when it will lead to a long-term reduction of legal and insurance costs.

Who is liable for client accounting misstatements in the financial statements?

The auditor is liable for client accounting misstatements in the financial statements. There is always the risk of fraud and material misstatement in financial statements. This forces auditors to be professionally competent and employ all the auditing and accounting standards carefully.

How can the profession positively respond to and reduce liability in auditing?

In what ways can the profession positively respond to and reduce liability in auditing? (Select all that apply.)  Establish new peer review requirements.  Users of financial statements need to be better educated regarding the attest function.  Continued research in auditing.  Lobby for changes in state and federal laws concerning accountants' liability.  CPA firms should oppose all unfounded lawsuits rather than settling out of court.  The AICPA can establish requirements that the better practitioners always follow in an effort to increase the overall quality of auditing.  Improper conduct and performance by members must be sanctioned.  Standards and rules must be revised to meet the changing needs of auditing.

How does an engagement letter affect an auditor's liability to clients?

 An engagement letter from the auditor to the client specifies the responsibilities of both parties and states such matters as fee arrangements and deadlines for completion. A well-written engagement letter can be useful evidence in the case of a lawsuit, given that the letter spells out the terms of the engagement agreed to by both parties. Compare and contrast traditional auditors' legal responsibilities to clients and third-party users under common law. How has that law changed in recent years? Liability to clients under common law has remained relatively unchanged for many years. If a CPA firm breaches an implied or expressed contract with a client, there is a legal responsibility to pay damages. Traditionally the distinction between privity of contract with clients and lack of privity of contract with third parties was essential in common law. The lack of privity of contract with third parties meant that third parties would have no rights with respect to auditors except in the case of gross negligence. The law continues in a state of uncertainty. Under the Ultramares case, some courts have interpreted Ultramares to allow recovery by third parties, if those parties were known and recognized to be relying upon the work of the professional at the time that the professional performed the services (foreseen users). On the other hand, some courts have held the CPA liable to anyone who relies on the CPA's work, if that work is performed negligently. Is the auditor's liability under common law affected if the third party was unknown rather than known? Explain.  The auditor's liability to a third party is affected by whether the party is known or unknown. A known third party, under common law, usually has the same rights as the party that is privy to the contract. An unknown third party usually has fewer rights. a. In a common law action against an accountant, lack of privity is a viable defense if the plaintiff  is the client's creditor who sues the accountant for negligence. b. The 1136 Tenantscase was important chiefly because of its emphasis on the legal liability of the CPA when associated with

Why is there at least some level of audit risk on every audit engagement?

Why is there at least some level of audit risk on every audit engagement? There is at least some level of audit risk on every audit engagement because  it would be prohibitively costly for auditors to test every transaction and balance. Distinguish between fraud and constructive fraud.  The difference between fraud and constructive fraud is that in fraud the wrongdoer intends to deceive another party whereas in constructive fraud there is a lack of intent to deceive or defraud. How does the prudent person concept affect the liability of the auditor?  The prudent person concept states that a person is responsible for conducting a job in good faith and with integrity, but is not infallible. Therefore, the auditor is expected to conduct an audit using due care, but does not claim to be a guarantor or insurer of financial statements. The four major sources of auditors' legal liability are:  Liability to third parties under common law.  Civil liability under federal securities laws.  Criminal liability.  Liability to clients. What is meant by contributory negligence? Under what conditions will this likely be a successful defense?  Contributory negligence is a defense used by the auditor when he or she claims the client or user also had a responsibility in the legal case. An example is the claim by the auditor that management knew of the potential for fraud because of deficiencies in internal control, but refused to correct them. The auditor thereby claims that the client contributed to the fraud by not correcting material weaknesses in internal control. A common type of lawsuit against CPAs is for the failure to detect a fraud. State the auditor's responsibility for such discovery. Give authoritative support for your answer.  An auditor's best defense for failure to detect a fraud is an audit properly conducted in accordance with auditing standards. The Principles in auditing standards note that the objective of an audit is to obtain reasonable assurance that the financial statements are free of material misstatement, whether due to fraud or error. Thus, auditors design audit procedures to

Does reasonable assurance detect material misstatements due to fraud?

provide reasonable assurance that material misstatements due to fraud are detected. However, because reasonable assurance is not absolute assurance, a properly designed and executed audit may not detect a material misstatement due to fraud.

How does the auditor control AR?

The auditor cannot control IR and CR, so the only way they can achieve the chosen level of AR is by setting DR at an appropriate level High levels of IR and CR increase AR , so the auditor must plan for a low DR to achieve the required AR. Low levels of IR and CR decrease AR, so the auditor can plan for a higher DR before AR becomes unacceptable. The mere act of setting DR low does not reduce actual AR. The auditor must perform the appropriate audit procedures to have reasonable assurance of achieving the chosen DR. The lower the DR, the more effective and extensive the audit procedures required.

What should an auditor inspect?

Evidence:  Auditor should inspect the terms of the contract with suppliers to determine if ownership passes to the client.  Inspection of inventory records to determine if any items held on consignment are included in the inventory balance by mistake.

Why is inventory assertion most at risk?

Inventory assertion most at risk for this client: valuation will be at risk because the constantly changing nature of the type of merchandise held suggests that items will become obsolete (and their value impaired) each season. The special branding and promotional packaging will make it difficult for the client to sell these items after the promotional period ends, and the client will also find it difficult to return the items to the supplier. Evidence:  Auditor should inspect the terms of the contract with suppliers to determine if there is any provision for return of items not sold.  Inspection of inventory records to determine if any items are held for long periods, suggesting they could be obsolete.  Physical inspection of inventory to search for out of date items (e.g. at back of shelves, dusty, branded with discontinued promotional material).

Why are rights and obligations for inventory at risk?

Other inventory assertions also at risk: Rights and obligations for inventory could also be at risk because some items may be held on consignment. That is, the ownership of the items remains with the supplier until the audit client sells them . If the items are not sold , the items have to be returned to the supplier . Because the items are not purchased, they should not be included in the client’s inventory.

What is the difference between a lower assessed level of control risk approach and a predominantly substantive approach?

Lower assessed level of control risk approach is appropriate when control risk is assessed as low while predominantly substantive approach is appropriate when control risk is assessed as high, and it is more efficient not to rely on controls. For Sales The poor communication between Jim and other management and staff, plus his competing incentives and the lack of control over his actions means that control risk in these areas would be considered high. The validity of sales transactions, including the amounts and terms of the sale, is at risk. There is also a risk that sales made to customers are not entered correctly in the accounts.

Where is the signature on an independent auditor's report?

Auditor’s Signature and other auditor’s details are the last items found at the bottom of the Independent Auditor’s Report.

Is assertion at risk?

assertion is at risk if ownership of the vehicles passes to the buyer at an early stage of production ( this issue would be determined by reading the sales contracts).

Sources of Legal Liability For An Auditor

  • Let us consider the possible entities that may sue an auditor and the possible reasons for a lawsuit.
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The Legal Liability of Auditors to Third Parties

  • By reading this article, one question that might arise is who exactly are auditors responsible to? Can any third party sue an auditor? Or is there a certain class of parties? It is generally known that auditors are responsible to two groups of third parties: 1) Known users of the financial statements, and 2) A limited class of foreseeable users who will rely on the financial statements…
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Unjustified Lawsuits

  • Despite all the potential for lawsuits against auditors, many lawsuits by third parties are unjustified. For example, if a third party sues the auditor because the client (i.e., the company being audited) is no longer a viable company, that is not justified, because the auditor is not responsible for making sure that the company is viable and can continue operating in the long-te…
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Successful Lawsuits Against Auditors

  • In order for a third party or a client to successfully sue an auditor under negligence, it is not sufficient to just come up with some evidence and file a court case. The plaintiff must prove the following four criteria:
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Additional Resources

  • Thank you for reading CFI’s guide to Legal Liability of Auditors. To continue learning, these free CFI resources will helpful: 1. Auditor’s ReportAuditor's ReportAn independent Auditor’s Report is an official opinion issued by an external or internal auditor as to the quality and accuracy of the 2. Forensic Audit GuideForensic Audit GuideA forensic audit is a detailed audit of a company's rec…
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