banner ad
Experts Logo

articles

Why Law Firms Need Internal Controls

By: Michael Garibaldi, CPA, ABV, CFF, CGMA
Tel: 516-288-7400
Email Mr. Garibaldi


View Profile on Experts.com.


Most lawyers know how big a problem occupational fraud is in corporate America. They may even count as clients companies that have been defrauded and suffered significant losses. Yet a "not at my firm" attitude persists among many partners who take for granted the honesty and integrity of their colleagues and staff.

Unfortunately, given a strong motive and unchecked opportunity, even ethical people can be tempted to steal. Without comprehensive internal controls, your firm is providing just such an opportunity - and it's likely only a matter of time before someone exploits it. Even if you have internal controls, if you don't enforce and regularly update them your firm may be just as vulnerable to fraud as firms that have taken no precautionary measures.

Unique risks

While law firms enjoy certain protections from fraud, they also harbor specific risks. For example, on-site management by a team of professional owners can make it more difficult for thieves to carry out elaborate and costly schemes. But such owners also are more likely to override internal controls.

What's more, work environments where there's considerable pressure to meet ambitious financial and performance goals can turn normally upright employees into cheaters. And it doesn't help matters that law firms enjoy a reputation among experienced crooks for having lax controls or that many firms are unwilling to punish perpetrators because it could lead to bad publicity.

Assess and address

To prevent fraud risks from becoming reality, closely study your firm's policies, procedures and processes - including hiring, payroll, billing, collections and IT security - for potential vulnerabilities. Your financial advisor can help you perform a thorough initial risk assessment and use its findings to create a list of internal controls. This list may contain hundreds of items, but there are a few that belong in every firm's internal controls. For example, it's essential that you:

Screen employees. When you hire anyone - including lateral partners - perform credit and criminal background checks and verify résumé items related to past employment, education, military service and professional certification. Keep in mind that, according to the federal Fair Credit Reporting Act, you generally need a person's permission to run a credit check, and in some states credit checks are allowed only for positions with certain financial responsibilities.

Separate duties. No single employee should be in charge of purchasing and approving vendors or receive payments and deposit them. It can be difficult to spread duties among several employees in a smaller firm, so consider outsourcing some accounting functions. Also, never let a nonpartner sign checks: This is perhaps the easiest avenue for fraud. You may even want to require that two partners sign checks above a certain amount.

Image

Reconcile regularly. Periodically reconcile overlapping financial records. For example, compare receipts that are recorded in your billing system to revenues recorded in your accounting system and then cross-check those numbers with your bank deposits. Review paper and online bank statements regularly, looking for inappropriate transactions.

Conduct surprise audits. Audits don't have to be top-to-bottom reviews of your firm's finances - they can focus more narrowly on areas of concern such as accounts payable. To discourage fraud, let employees know that unannounced audits are possible at any time, but don't let them know what data or records the auditors will review.

Training staff

To ensure internal controls are effective, make fraud education a priority. Clearly communicate to attorneys and staff what constitutes illegal and unethical behavior, and then explain how employees can help prevent and deter fraud by adhering to your firm's internal controls. Also specify the consequences of breaking the rules. For example, an employee who falsifies timesheets may be terminated on the spot.

Partners and managers should receive training in spotting potential perpetrators and suspicious behavior. People who commit occupational fraud often live beyond their means, are heavily in debt, or have gambling or substance abuse problems.

They may exhibit:

  • Control issues, such as an unwillingness to share duties, files or billing records,
  • Irritability or defensiveness when confronted about irregularities,
  • A reluctance to take vacation or sick days, and
  • Unusually close associations with vendors.

To ensure members of your firm speak up about suspicious activity, provide reporting guidelines and a process for investigating such suspicions.

Not optional

No matter how convinced you are of the integrity of your attorneys and staff, internal controls are a must for every law firm. By conducting a risk assessment, creating policies and procedures to address such risks, and enforcing the rules, you can prevent significant financial losses and public embarrassment.


Michael J. Garibaldi, CPA, ABV, CFF, CGMA, has a strong background providing efficient and affordable solutions to the many complex issues facing the legal profession today. A Certified Public Accountant licensed by the State of New York, Mr. Garibaldi is Accredited in Business Valuation (ABV), and Certified in Financial Forensics (CFF) by the American Institute of Certified Public Accountants (AICPA). He is recognized as a Chartered Global Management Accountant by the Association of International Certified Professional Accountants.

©Copyright - All Rights Reserved

DO NOT REPRODUCE WITHOUT WRITTEN PERMISSION BY AUTHOR.

Related articles

expert_placeholder

2/16/2011· Economics

Measuring The Loss Of Enjoyment Of Life In Personal Injury Cases In Washington - Hedonic Damages

By: Stan V. Smith

In most courts, the value of a human being is not recognized. According to the laws of many states, your life isn't worth a "plugged nickel" if you no longer work.

Michael-Pakter-Forensic-Accounting-Expert-Photo.jpg

9/25/2017· Economics

The Income Tax Treatment of Economic Damages Awards

By: Michael D. Pakter

Financial experts are frequently asked aboutthe tax impact of damage awards, both paidand received. The complexities of the InternalRevenue Code (IRC) and judicial interpretations thereofmake determining the taxability of receipts or payments difficult.The same is true when dealing with the taxability of economic damages awarded to plaintiffs in civil actions. Nuances in the IRC and the judicial interpretations may make it difficult for a taxpayer to determine the taxability of his or her proceeds from a litigation award of personal economic damages. Whether or not such is taxable often depends on how the award of economic damages is categorized and/or described in the awarding documents.

Kenneth-Lehrer-photo.jpg

10/31/2013· Economics

Inflation and the Middle Class - 2011 Onwards

By: Dr. Kenneth E. Lehrer

A person does not have to be too old to truly remember the times (mid 1960's and early 1970's) when gas stations gave away trinkets, toys, glasses, tableware and even "Green Stamps" that could be redeemed for valuable "merchandise" when you purchased a few extra gallons of gasoline. How eager the major gasoline companies were to stimulate sales, create demand and obtain their growing share of middle class consumer dollars.

;
Experts.com-No broker Movie Ad

Follow us

linkedin logo youtube logo rss feed logo
;