Study Unit 14: questions Flashcards
Who is resonsible to make sure that litigation, claims and assessments have been recorded properly in the financial statements?
Management.
Legal counsel’s expertise does not extend to accounting matters. Legal counsel evaluates whether claims may be asserted and the likelihood and magnitude of the outcomes. These evaluations bear upon accounting and reporting decisions, for example, whether disclosure only or recognition of a contingent liability is required. But all claims do not necessarily require recognition, and legal counsel does not have information about the content of financial statements that have not been issued.
What is a primary means of corroborating management’s info concerning litigation, claims, and assessments?
Inquiring of company’s outside counsel.
A letter of inquiry to a client’s legal counsel is the auditor’s primary means of corroborating information provided by management about litigation, claims, and assessments. Evidence obtained from the client’s legal department may provide the needed corroboration, but it does not substitute for information that external legal counsel may be unable to provide. Thus, the auditor should request management to send a letter of inquiry to legal counsel with whom management consulted. Without the client’s consent, legal counsel may not respond.
Which of the following statements about litigation, claims, and assessments extracted from a letter from a client’s legal counsel is most likely to cause the auditor to request clarification?
A.“I believe that the action can be settled for less than the damages claimed.”
B.“I believe that the plaintiff’s case against the company is without merit.”
C.“I believe that the possible liability to the company is nominal in amount.”
D.“I believe that the company will be able to defend this action successfully.”
“I believe that the action can be settled for less than the damages claimed.”
The letter of inquiry requests, among other things, that legal counsel evaluate the likelihood of pending or threatened litigation, claims, and assessments. It also requests that legal counsel estimate, if possible, the amount or range of potential loss. Thus, the auditor is concerned about the amount of the expected settlement as well as the likelihood of the outcome. The statement that the action can be settled for less than the damages claimed is an example given in AU-C 501 of an evaluation that is unclear about the likelihood of an unfavorable outcome.
The refusal of a client’s legal counsel to provide a representation on the legality of a particular act committed by the client is ordinarily
Scope limitation.
Does legal counsel have the ability to evaluate if the client can continue as a going concern if a verdit of litigation is unfavorable?
Legal counsel does not have the expertise or appropriate information to make a judgment about the client’s ability to continue as a going concern. The auditor normally makes that judgment.
If deemed necessary, the auditor should request that an audit client send a letter of inquiry to those attorneys who have been consulted regarding litigation, claims, or assessments. The primary reason for this request is to provide
Corroborative evidence.
AU-C 501 states that a letter of inquiry to the entity’s legal counsel is the primary means of corroborating information provided by management about material litigation, claims, or assessments. The auditor should send the letter after it has been prepared by management.
The auditor’s search for unrecorded liabilities should include:
The auditor’s search for unrecorded liabilities should include reading contracts, loan agreements, leases, correspondence from governmental agencies, and any legal documents in the client’s possession.
A CPA has received legal counsel’s letter in which no significant disagreements with the client’s assessments of contingent liabilities were noted. The resignation of the client’s legal counsel shortly after receipt of the letter should alert the auditor that
Undisclosed unasserted claims may have arisen.
Legal counsel may be required to resign from an engagement (under his or her Code of Professional Responsibility) if the client disregards advice about financial accounting and reporting for litigation, claims, and assessments. Because the response to the letter of inquiry stated that the client’s assessment of contingent liabilities was satisfactory, the source of disagreement may be undisclosed, unasserted claims.
If the auditor determines that an inquiry of a client’s external legal counsel is necessary, who should make the inquiry?
Client management.
A letter of inquiry to a client’s legal counsel is the auditor’s primary means of corroborating information furnished by management about litigation, claims, and assessments. Evidence obtained from the client’s legal department may provide the needed corroboration, but it does not substitute for information that external legal counsel may refuse to furnish. Thus, the auditor should request management to send a letter of inquiry to legal counsel with whom management consulted. Without the client’s consent, legal counsel may not respond (AU-C 501).
The primary source of information to be reported about litigation, claims, and assessments is the
Client’s management.
“Management is responsible for adopting policies and procedures to identify, evaluate, and account for litigation, claims, and assessments as a basis for the preparation of financial statements in accordance with the requirements of the applicable financial reporting framework.” The auditor should discuss with management its policies and procedures for identifying and evaluating these matters.
Who is responsible for adopting policies and procedures for identifying, evaluating, and accounting for litigation, claims, and assessments?
Management is responsible for adopting policies and procedures for identifying, evaluating, and accounting for litigation, claims, and assessments. Thus, the auditor inquires of management about these matters. The auditor also obtains written representations that all known actual or possible litigation, claims, and assessments that should be considered in preparing the statements have been disclosed and accounted for in accordance with the applicable reporting framework.
“In connection with an audit of our financial statements, management has prepared, and furnished to our auditors, a description and evaluation of certain contingencies.” The foregoing passage most likely is from a(n)
Audit inquiry letter to legal counsel.
The scope of an audit is not restricted when legal counsel’s response to an auditor as a result of a client’s letter of inquiry limits the response to
Matters to which the legal counsel has given substantive attention in the form of legal representation.
Two limitations on an entity’s external legal counsel’s response are not scope limitations. The response may be limited to matters to which the legal counsel has given substantive attention in the form of legal consultation or representation. Also, the response may be limited to matters that are individually or collectively material, such as when the entity and the auditor have agreed on materiality limits, and management has stated the limits in the letter of inquiry.
The appropriate date for the client to specify as the effective date in the audit inquiry to legal counsel is
As close to the date of the auditor’s report as possible.
The date of legal counsel’s response should be as close to the date of the auditor’s report as practicable. The auditor is concerned with events occurring through the date of the report that may require adjustment to, or disclosure in, the financial statements. The date of the report is the date on which the auditor obtained sufficient appropriate audit evidence on which to base the opinion. Moreover, the auditor should specify the earliest acceptable effective date of the response and the latest date by which it is to be sent to the auditor. A 2-week period between these dates generally suffices.
The auditor should perform procedures with respect to material events or transactions that occur after the balance sheet date but prior to the date of the auditor’s report. Procedures that should be performed include inquiring of management and those charged with governance about whether:
(1) increases in capital or issuances of debt have occurred, e.g., an issue of new shares or bonds, or
(2) an agreement about a merger or liquidation has been made (AU-C 560).