SA 1 Flashcards
What is bookkeeping?
Process of recording financial transactions in the accounts of a law firm
(financial records)
How does double entry bookkeeping work?
Records both aspects of a transaction in the books (accounts).
One DR and one CR entry for each transaction.
Each aspect recorded on different accounts (or ledgers?.
What are the two aspects of double entry bookkeeping?
As one increases, the other reduces.
Each transaction - identify each aspect and record separately.
One under each column:
DR (Debt) (Left-hand)
- Expense incurred
- Asset acquired/increased
- Liability reduced/extinguished
- Cash gained
CR (Credit) (Right-hand)
- Income earned
- Asset disposed of/reduced
- Liability incurred/increased
- Cash paid
Example:
rent out office to tenant
L: cash gained
R: income earned
(also see OneNote examples)
What different accounts are required to be opened under double entry bookkeeping?
Generally - one for:
- each type of asset
- each type of expense
- one for each person to whom firm owes money
- one for each debtor that owes money to the firm
Can have as many as u want.
E.g.
Capital account
(eg for money invested)
Cash account
(eg pays for a computer)
Asset account
(eg gains a computer)
Expense account
(eg incurs rent)
Premises Account
(eg gain asset in form of premises)
Income account AKA profit costs
(to show firm earned income)
Agency expenses account
(if instructing another law firm)
Does double bookkeeping system consider whether business is profit making from transaction?
Nope
Principle of double entry bookkeeping in relation to business owner
Considers the business as completely separate from its owner
So when owner sets up business and puts in cash, two aspects of transaction are that:
- gaining cash (DR)
- incurs liability as owes money to the owner (CR)
Liability to repay owner referred to as “____” of the business
Capital
What information about transaction is recorded double entry bookkeeping?
- Date of transaction
- Cross-reference to account where other double entry is made
- Amount involved entered in DR or CR column (whichever appropriate)
- Balance on account
(see OneNote for example) - If DR entries exceeded CR entries, balance described as DR balance
- Usually also brief description transaction
When must financial transactions of law firm’s be recorded?
In accounts AS IT HAPPENS
What is a cash account in law firms?
- (aka ‘cash sheet’ or ‘cash book’)
- All accounts except for cash and petty cash account are ‘ledger accounts’
- Cash account is a record of receipts into and payments out of the bank account
- ‘Petty cash account ‘ to record periodic receipts of cash from the bank and various payments from petty cash
(ie small amount physical cash kept on premises for day to day)
(guessing just receipts of getting the cash out of the bank and then receipt from Sainsbury’s for the tea etc)
What rules must law firms and managers/employees follow when doing accounts/bookkeeping?
SRA accounts rules
What approach do SRA account rules take to risk?
Often left to firms to interpret and apply but more prescriptive where higher risk to clients’ money
Breach of SRA Accounts rules?
Disciplinary matter (under SRA Enforcement Strategy)
Takes proportionate approach
Dishonesty and misuse client’s money most seriously
Main principles of SRA Accounts rules
- Keep client money SEPARATE
- Ensure client money returned PROMPTLY at end of matter
- Use client money only for intended purpose
- Proportionate requirements for firms to obtain annual accountant’s report
Who is bound by SRA Acccounts rules?
- Authorised bodies,
- Their managers
- Their employees
Who is liable for failure to comply with SRA Accounts rules and to what degree?
- Authorised body’s managers are jointly and severally responsible
- If licenced body, Rules only apply in respect of activities regulated by SRA
Both even if unaware
When an invoice is issued to client, how should it be recorded on accounts?
Charges for professional services = CR entry on INCOME (aka profit costs) account
Client debt = DR on account in name of client
When they pay, solicitor will record receipt of cash and loss of the debt
Imp = no entry made on profit costs account when client pays the cash due - profit costs account just records the bill issued but not whether that has been paid
What requirements imposed by SRA Account Rules on law firms re how hold client money?
Keep it separate from money belonging to firm’s money
(usually in client account)
Beyond that no requirements on what does with its own money
What is classed as ‘client’ money under SRA Accounts Rules?
(Rule 2.1)
imp
Money:
A) related to regulated services delivered by you to client
B) on behalf of third party in relation to your regulated service (stakeholder/agent eg property)
C) as a trustee or holder of specified office
(eg power of attorney or Court of Protection)
D) for fees and any UNPAID disbursements received BEFORE delivery of bill
(if falls into any of these categories, must keep separate to business money)
What are solicitors a) fees and b) disbursements and c) costs defined as for accounts rules
A) Own charges or profit costs inc any VAT
B) costs or expenses to be paid to TP on behalf of client or trust inc VAT but not inc office expenses eg postage
C) costs fees and disbursements so covers both
When does client money cease to be client money under accounts rules?
Unless and until billed
Should be paid into and stay in client account until then
What is not included in definition of client money (kind of surprisingly)? What are they instead?
Money received for disbursements which have already paid
(e.g. firm has paid for barrister’s fees and then client reimburses)
Instead ‘business money’, so it will be paid into a business bank account
Two ways for firms to pay disbursements
- Bill on account of costs
- e.g. anticipated dibs and fees
- can use to make payments on client’s behalf
- keep in business bank account
- not always permitted - make payment from business account for client then client pays firm in reimbursement
- money held as paid disbursement and must be held in business account - bill on account of costs
- pay into client account
What is a client bank account and rules around it?
Opened in name of firm but used for client money
Must have client in title
Need to be in England or Wales
SRA Account Rules require that client money available on demand unless alternative arrangement in writing with client or TP
(so can’t have extended notice periods etc)
Impact of having ‘client’ as word in Client bank account?
Bank or building society have no recourse or right against money in it in respect of any liability of solicitor to the bank
(protected if solicitor gets into bother)
When must client money be paid into client bank account?
Promptly
But subject to exceptions
e.g. client may agree that client money is not paid into client bank account
Exceptions to general rule that client money must be paid into client bank account?
(Rule 2.3)
(imp)
- if falls into 2.1(c) i.e. money held as trustee or holder specified office/apt
- and paying into client bank account would conflict with obligations under that office - If client money represents Legal Aid Agency payments for firm’s costs;
- Firm agrees alternative arrangement in writing with client or TP for who money is held
(2.2)
4. If for fees / unpaid dibs received before bill and firm doesn’t have client bank account,
must inform client in advance how money would be held
(see sep queue card)
If client paying via legal aid payments, which bank account CAN they be paid into?
Business bank account
(inc for disbursements)
When firm received LAA (legal aid payments) which cover TP professional fees (e.g. counsel),
are there any requirements around this?
They don’t need to be paid within specified time
Don’t need to be transferred to client bank account if TP not paid within the specified time
However, cannot retain LAA fees in business account indefinitely.
E.g. if delays client matter because does not pay expert’s fee because avoiding going into overdraft, breach Code of Conduct
When does rule 2.2 exception apply?
(that if do not have client bank account and receive client money for fees/unpaid dibs before bill delivered)
^ then can keep sep to client account if inform client where and how money held
- e.g. unpaid dibs may be Counsel instructed on behalf of client
DOES NOT APPLY if firm receives any other types of client money
eg funds to complete purchase of property
(so just get the unpaid dibs or your legal fees but not getting things like to hold as stakeholder or agent)
Benefits of s2.2 exception to paying into client account?
(ie if unpaid dibs/bills prior to delivery not need go in client account)
If don’t need a client bank account, costs savings
eg in relation to professional indemnity insurance and compliance
Since no accountant’s report required
When must client money be returned and at what pace?
Promptly (not defined)
To client or TP
As soon as no longer any proper reason to hold them
What must firm do if receives mixed payment?
(eg firm’s bill and dibs)
Allocate funds promptly to correct bank account
(eg completion money client money - client acc / fees and billed dibs is firm’s money - business acc)
If you are holding client money and some or all of that money will be used to pay costs, what must you do?
(ie moved to business account to pay legal fees or sent to TP professional/Land Registry etc),
- Give a BILL of costs or other written notification to client or paying party
(eg send an invoice saying for fees in respect of X)
BEFORE you transfer the money
- And any such payment must be for the SPECIFIC sum identified in the bill and covered by the amount held
(no more no less)
When should you transfer money from client account to business account to pay costs (presuming requirements are satisfied)?
Promptly
But if bill inc anticipated dibs which not yet been incurred, it is permitted to leave in client account until they are paid
(eg Counsel money before they issue invoice but still want on account)
Firm insolvent, can client get their money back if in business account?
No
But is protected in client account
What do SRA not permit billing in advance for?
Disbursements that client will remain liable to pay
E.g. Stamp Duty Land Tax
AND should NOT be kept in firm’s BUSINESS account - since any risk to firm’s business would mean client may have to pay twice
If receiving client money into business account what must you do?
Explain risks to client
How explain depends on client
Potential impact on accountant’s report if receive client money into bank account?
Likely to qualify a report if view that money belonging to client is, has been or may be placed at risk
When do SRA Accounts Rules guidance permit money to be withdrawn from client account?
(Rule 5)
“For the purpose for which it is being held”
Provided firm made clear to client that the client money may be used to reimburse for payments made, this will be permitted without issuing a bill.
(eg in CCL)
But cannot transfer if dibs have not yet been either incurred or paid by firm
In what circumstances can client money be withdrawn?
- Purpose for which held; or
- Following instructions from client or TP for whom money is held; or
- SRA prior written authorisation or prescribed circumstances
(withdrawal of residual client balances less than £500 on any one client matter if paid to charity)
(prescribed circumstances = must take reasonable steps to return to client and keep records on this)
Requirements surrounding withdrawal of client money?
- Withdrawals must be appropriately authorised and supervised
- Must be sufficient funds on client account for that client - cannot take more than hold for them - would be a breach.
If need to make payment but not enough money in client account, must use business account. - Any money improperly withdrawn must be rectified promptly and replaced
Options if disbursement worth more than amount have on client bank account?
- pay from firm’s business account, without transferring from client account unless bill issued or client aware would pay this way
- firm can advance its own money to client
advance itself is subject to Rules in applying client money
What is a residual client account balance?
money that the firm has not returned to the client at the end of the retainer and it is now difficult to return the money
e.g. can;’t trace, died, don’t want cos affect benefits
(can pay to charity if reas steps, under £500 per client)