In Order to Protect Themselves from Legal Liability,it Is Important
In order to protect themselves from legal liability,it is important that CPAs: A) are organized as sole-proprietors. B) accept client representations. C) understand the client's business. D) use engagement letters, not representation letters.
Discuss at least 3 steps the AICPA and the accounting profession as a whole can and are taking to reduce the practitioner's exposure to lawsuits.
Match eight of the following terms (a-n)with the definitions provided below (1-8): a.Foreign Corrupt Practices Act b.Securities Exchange Act of 1934 c.Securities Litigation Uniform Standards Act of 1998 d.Securities Act of 1933 e.Ultramares doctrine f.Audit risk g.Audit failure h.Standards failure i.Business failure j.Absence of causal connection k.Contributory negligence l.Lack of duty to perform m.Private Securities Litigation Reform Act n.Nonnegligent performance ________ 1.A situation in which an incorrect audit opinion is issued because it failed to comply with the requirements of auditing standards. ________ 2.A federal statute dealing with companies that trade securities on national and over-the-counter exchanges.Auditors are involved because the annual reporting requirements include audited financial statements. ________ 3.An auditor's legal defense under which the auditor claims that the client's own actions either resulted in the loss that is the basis for damages or interfered with the conduct of the audit in such a way that prevented the auditor from discovering the cause of the loss. ________ 4.A federal statute that makes it illegal to offer a bribe to an official of a foreign country. ________ 5.A common-law approach to third-party liability in which ordinary negligence is insufficient for liability to third parties,because of the lack of privity of contract between the third-party and the auditor unless the third-party is a primary beneficiary. ________ 6.A federal statute designed to significantly reduce the potential damages in federal securities-related litigation by providing for proportionate liability in most cases. ________ 7.An auditor's legal defense under which the auditor claims that the audit was performed in accordance with generally accepted auditing standards. ________ 8.An auditor's legal defense under which the auditor claims that the failure to follow auditing standards did not cause the damages suffered by the client.
Discuss some of the steps individual practicing auditors can take to minimize their legal liability.