Analytical Summary Of Contents Part One -- Lawyers' Standards: Regulatory Framework - Center for Professional Responsibility

ANALYTICAL SUMMARY OF CONTENTS
PART ONE -- LAWYERS' STANDARDS: REGULATORY FRAMEWORK

I. INTRODUCTION

 

Lawyer Standards

CPA Standards

Comparison

Page

A. Regulatory Powers of Courts, Legislatures and Agencies

G UAA 4(h)(4)

D

4

B. Standards Applicable to All or Limited Areas of Practice

AT UAA 3(f), 7, 8

D

5

C. Broad or Detailed Standards

G UAA 10(a)(6)

D

6

 

II. REGULATORY PRONOUNCEMENTS

 

Lawyer Standards

CPA Standards

Comparison

Page

A. Enforceable Rules

 

G UAA 10(a) (6)

D

7

B. Common-Law Standards

 

O

S

8

C. Advisory Standards

 

G UAA 10(a)(6)

D

8

 

KEY:
CPA StandardsComparison
AT = applic. to attest function onlyL+ = lawyers' standards are much more detailed
G = generally applicable to all functionsC+ = CPAs' standards are much more detailed
UAA = Uniform Accountancy ActS = substantially similar
R = Rules accompanying UAAD = substantially different
ET = AICPA Code of Professional Ethics, including InterpretationsN = no equivalent provision
O = Other sources

 

 

III. QUALIFICATIONS FOR ADMISSION TO PRACTICE

 

Lawyer Standards

CPA Standards

Comparison

Page

 

 

A. Types of Licenses

G UAA 3(f), 5(i), 6, 8, R.6

AT 7, R.7

D

9

B. Educational Requirements -- Professional Ethics

O

D

10

C. Educational Requirements -- Other

 

G UAA 5(c), R 5-2

D

10

D. Bar Examination -- Professional Ethics

 

O

D

11

E. Bar Examination -- Other

 

G UAA 5(d), R 5-5

D

11

F. Character Requirements for Admission to Practice

G UAA 5(b)

S

12

G. Oath of Office

 

 

N

12

H. Renewal of License

G UAA 6(b), 7 (b)

D

12

 

KEY:
CPA StandardsComparison
AT = applic. to attest function onlyL+ = lawyers' standards are much more detailed
G = generally applicable to all functionsC+ = CPAs' standards are much more detailed
UAA = Uniform Accountancy ActS = substantially similar
R = Rules accompanying UAAD = substantially different
ET = AICPA Code of Professional Ethics, including InterpretationsN = no equivalent provision
O = Other sources

 

 

IV. RESERVED AREAS OF PRACTICE

 

Lawyer Standards

CPA Standards

Comparison

Page

A. Litigation

O

D

13

B. Preparing Documents

 

O

D

13

C. Giving Legal Advice

 

O

D

14

D. Other

G UAA lmpl. Gov. Prin. para. 1

AT UAA 7(a), 14(d), 14(l)

D

14

 

KEY:
CPA StandardsComparison
AT = applic. to attest function onlyL+ = lawyers' standards are much more detailed
G = generally applicable to all functionsC+ = CPAs' standards are much more detailed
UAA = Uniform Accountancy ActS = substantially similar
R = Rules accompanying UAAD = substantially different
ET = AICPA Code of Professional Ethics, including InterpretationsN = no equivalent provision
O = Other sources

 

 

V. DISCIPLINARY SYSTEM

 

Lawyer Standards

CPA Standards

Comparison

Page

A. Procedure

 

G UAA 11, 12, 17

R 12-1

D

15

B. Types of Discipline

 

G UAA 10(a), (b),

(c), 15

S

15

C. Reinstatement

 

G UAA 13, R-13

S

16

 

 

VI. CONTINUING EDUCATION

 

Lawyer Standards

CPA Standards

Comparison

Page

A. Requirements -- Professional Ethics

 

 

 

N

16

B. Requirements -- Other

 

G UAA 6(d), R-6-4

to 6-7, R. App. B

 

S

17

C. Monitoring Compliance

 

G UAA 6(d),

R 6-4 to 6-7, R App. B

C+ S

17

 

VII. PROFESSIONAL ORGANIZATIONS

 

Lawyer Standards

CPA Standards

Comparison

Page

A. Mandatory

 

 

 

N

18

B. Voluntary

 

AT 505 Int.

D

18

 

KEY:
CPA StandardsComparison
AT = applic. to attest function onlyL+ = lawyers' standards are much more detailed
G = generally applicable to all functionsC+ = CPAs' standards are much more detailed
UAA = Uniform Accountancy ActS = substantially similar
R = Rules accompanying UAAD = substantially different
ET = AICPA Code of Professional Ethics, including InterpretationsN = no equivalent provision
O = Other sources

 

VIII. CIVIL LIABILITY

 

Lawyer Standards

CPA Standards

Comparison

Page

A. To Clients

 

G UAA 20-22

D

18

B. To Third Parties

 

G UAA 20-22

D

19

C. To Members or Employees of Firm

 

O

S

19

 

IX. FEDERAL REGULATION

 

Lawyer Standards

CPA Standards

Comparison

Page

A. Litigation in Federal Courts

 

 

 

N

20

B. Practice Before Federal Agencies, in General

O

S

20

C. Tax Practice

 

O

D

20

D. Securities Practice

 

O

D

21

 

KEY:
CPA StandardsComparison
AT = applic. to attest function onlyL+ = lawyers' standards are much more detailed
G = generally applicable to all functionsC+ = CPAs' standards are much more detailed
UAA = Uniform Accountancy ActS = substantially similar
R = Rules accompanying UAAD = substantially different
ET = AICPA Code of Professional Ethics, including InterpretationsN = no equivalent provision
O = Other sources

 

PART TWO -- LAWYERS' STANDARDS: ABA MODEL RULES OF PROFESSIONAL CONDUCT

Lawyer Standards

CPA Standards

Comparison

Page

PREAMBLE

 

G UAA 2

D

21

SCOPE

 

 

 

N

22

TERMINOLOGY

 

G UAA 3. R3

ET 92

C+ D

22

 

ARTICLE 1. CLIENT-LAWYER RELATIONSHIP

Lawyer Standards

CPA Standards

Comparison

Page

1.1 Competence

 

G UAA 10(a) (6)

ET 201-03,

ET 501 Interp

 

C+ D

23

1.2 Scope of Representation

 

 

G ET 57

L+ D

24

1.3 Diligence

 

O

L+ S

25

1.4 Communication

 

G UAA 19(b)

L+ D

25

1.5 Fees

 

G UAA 14(n)

ET 302 Int., 503

L+ D

26

1.6 Confidentiality of Information

 

G UAA 18

ET 301

D

27

1.7 Conflict of Interest: General Rule

 

G ET 55, 102 Int.

UAA 10(a)(6)

AT ET 101 Int.

L+ D

29

 

KEY:
CPA StandardsComparison
AT = applic. to attest function onlyL+ = lawyers' standards are much more detailed
G = generally applicable to all functionsC+ = CPAs' standards are much more detailed
UAA = Uniform Accountancy ActS = substantially similar
R = Rules accompanying UAAD = substantially different
ET = AICPA Code of Professional Ethics, including InterpretationsN = no equivalent provision
O = Other sources

 

 

Lawyer Standards

CPA Standards

Comparison

Page

1.8 Conflict of Interest: Prohibited Transactions

AT UAA 14(m) (1)

ET 503

L+ D

32

1.9 Conflict of Interest: Former Client

 

 

 

N

33

1.10 Imputed Disqualification: General Rule

AT ET 501 Int.

L+ D

34

1.11 Successive Government and Private Employment

 

 

N

34

1.12 Former Judge or Arbitrator

 

 

 

N

35

1.13 Organization as Client

 

G UAA 3(d)

L+ D

35

1.14 Client Under a Disability

 

 

 

N

36

1.15 Safekeeping Property

 

 

 

N

37

1.16 Declining or Terminating Representation

 

G UAA 19(b)

L+ D

37

1.17 Sale of Law Practice

 

G UAA 19(a)

ET 101 Int.,

ET 301 Int.

L+ D

38

 

KEY:
CPA StandardsComparison
AT = applic. to attest function onlyL+ = lawyers' standards are much more detailed
G = generally applicable to all functionsC+ = CPAs' standards are much more detailed
UAA = Uniform Accountancy ActS = substantially similar
R = Rules accompanying UAAD = substantially different
ET = AICPA Code of Professional Ethics, including InterpretationsN = no equivalent provision
O = Other sources

 

ARTICLE 2. COUNSELOR

Lawyer Standards

CPA Standards

Comparison

Page

2.1 Advisor

 

G UAA 10(a) (6)

ET 102 Int., 201

C+ D

40

2.2 Intermediary

 

 

N

42

2.3 Evaluation for Use by Third Parties

AT - See Part Three

C+ D

43

 

KEY:
CPA StandardsComparison
AT = applic. to attest function onlyL+ = lawyers' standards are much more detailed
G = generally applicable to all functionsC+ = CPAs' standards are much more detailed
UAA = Uniform Accountancy ActS = substantially similar
R = Rules accompanying UAAD = substantially different
ET = AICPA Code of Professional Ethics, including InterpretationsN = no equivalent provision
O = Other sources

 

ARTICLE 3. ADVOCATE

Lawyer Standards

CPA Standards

Comparison

Page

3.1 Meritorious Claims and Contentions

G ET 102 Int.

D

43

3.2 Expediting Litigation

 

 

N

44

3.3 Candor Toward Tribunal

 

G ET 100, 201, 203

L+ S

44

3.4 Fairness to Opposing Party and Counsel

 

 

N

45

3.5 Impartiality and Decorum of the Tribunal

 

 

N

45

3.6 Trial Publicity

 

 

 

N

46

3.7 Lawyer as a Witness

 

 

N

46

3.8 Special Responsibilities of a Prosecutor

 

 

N

46

3.9 Advocate in Nonadjudicative Proceedings

 

 

N

47

 

KEY:
CPA StandardsComparison
AT = applic. to attest function onlyL+ = lawyers' standards are much more detailed
G = generally applicable to all functionsC+ = CPAs' standards are much more detailed
UAA = Uniform Accountancy ActS = substantially similar
R = Rules accompanying UAAD = substantially different
ET = AICPA Code of Professional Ethics, including InterpretationsN = no equivalent provision
O = Other sources

 

 

ARTICLE 4. TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS

Lawyer Standards

CPA Standards

Comparison

Page

4.1 Truthfulness in Statements to Others

G UAA 10(a) (5)

L+ S

47

4.2 Communication with Persons Represented by Counsel

 

 

N

47

4.3 Dealing with Unrepresented Persons

 

 

N

48

4.4 Respect for Rights of Third Parties

 

 

N

48

 

KEY:
CPA StandardsComparison
AT = applic. to attest function onlyL+ = lawyers' standards are much more detailed
G = generally applicable to all functionsC+ = CPAs' standards are much more detailed
UAA = Uniform Accountancy ActS = substantially similar
R = Rules accompanying UAAD = substantially different
ET = AICPA Code of Professional Ethics, including InterpretationsN = no equivalent provision
O = Other sources

 

 

ARTICLE 5. LAW FIRMS AND ASSOCIATIONS

Lawyer Standards

CPA Standards

Comparison

Page

5.1 Responsibilities of a Partner or Supervisory Lawyer

G ET 101.C

AT UAA 7(c)(3), (4)

R 10-1(c)(6)

G L+ S

AT C+ D

49

5.2 Responsibilities of a Subordinate Lawyer

G ET 102

L+ S

49

5.3 Responsibilities Regarding Nonlawyer Assistants

G ET App. B.6

L+ D

50

5.4 Professional Independence of a Lawyer

G ET 101 Int.,

ET 505 Int.

AT UAA 7(c), 14(c)

D

51

5.5 Unauthorized Practice of Law

 

 

AT UAA 14(d)

L+ S

54

5.6 Restrictions on Right to Practice

 

 

 

N

55

5.7 Responsibilities Regarding Law-Related Services

G ET 505 Int.

C+ D

55

 

ARTICLE 6. PUBLIC SERVICE

Lawyer Standards

CPA Standards

Comparison

Page

6.1 Voluntary Pro Bono Publico Service

 

 

N

57

6.2 Accepting Appointments

 

 

 

N

57

6.3 Membership in Legal Services Organization

 

 

N

58

6.4 Law Reform Activities Affecting Client Interests

 

 

N

58

  

KEY:
CPA StandardsComparison
AT = applic. to attest function onlyL+ = lawyers' standards are much more detailed
G = generally applicable to all functionsC+ = CPAs' standards are much more detailed
UAA = Uniform Accountancy ActS = substantially similar
R = Rules accompanying UAAD = substantially different
ET = AICPA Code of Professional Ethics, including InterpretationsN = no equivalent provision
O = Other sources

 

 

ARTICLE 7. INFORMATION ABOUT LEGAL SERVICES

Lawyer Standards

CPA Standards

Comparison

Page

7.1 Communications Concerning a Lawyer's Services

G ET 502

S

59

7.2 Advertising

 

 

G ET 502 Int.

L+ S

59

7.3 Direct Contact with Prospective Clients

 

G ET 502

D

60

7.4 Communication of Fields of Practice and Certification

AT UAA 7(a),

14(d), (f) (g)

L+ S

61

7.5 Firm Names and Letterheads

 

 

G UAA 14(i)

ET 505, R 14-1

 

L+ S

61

 

KEY:
CPA StandardsComparison
AT = applic. to attest function onlyL+ = lawyers' standards are much more detailed
G = generally applicable to all functionsC+ = CPAs' standards are much more detailed
UAA = Uniform Accountancy ActS = substantially similar
R = Rules accompanying UAAD = substantially different
ET = AICPA Code of Professional Ethics, including InterpretationsN = no equivalent provision
O = Other sources

 

 

ARTICLE 8. MAINTAINING THE INTEGRITY OF THE PROFESSION

Lawyer Standards

CPA Standards

Comparison

Page

8.1 Bar Admission and Disciplinary Matters

G UAA 10(a)(1), (11)

R 10-1(c)(3)

S

62

8.2 Judicial and Legal Officials

 

 

 

N

62

8.3 Reporting Professional Misconduct

 

G R 10-1(d)(4)

L+ D

63

8.4 Misconduct

 

G UAA 10, 14

R 10, 14

ET 501 Int.

C+ D

63

8.5 Disciplinary Authority; Choice of Law

G UAA 3(p), 6(c), (g), 14(j), 23 (a), (b)

C+ D

68

 

KEY:
CPA StandardsComparison
AT = applic. to attest function onlyL+ = lawyers' standards are much more detailed
G = generally applicable to all functionsC+ = CPAs' standards are much more detailed
UAA = Uniform Accountancy ActS = substantially similar
R = Rules accompanying UAAD = substantially different
ET = AICPA Code of Professional Ethics, including InterpretationsN = no equivalent provision
O = Other sources 

 

 

PART THREE --- CPAs' STANDARDS WITH NO EQUIVALENT
IN LAWYERS' STANDARDS

 

CPA Standards

Page

I. ATTEST FUNCTION

A. Reservation of Attest Function

B. Definition of Attest Function

C. Special Regulation of Attest Function

 

70

70

70

71

II. PEER REVIEW

 

 

72

III. EXPERIENCE REQUIRED

A. Before Obtaining a Certificate

B. Before Being Qualified to Sign, Authorize or Supervise

Attest Engagements

 

72

72

73

 

APPENDIX B -- TABLE OF CITATIONS TO CPAs' STANDARDS

 

CPA Standards

Page

I. Uniform Accountancy Act

Preface

Introductory Comments

UAA Section 1- Title

UAA Section 2 - Purpose

UAA Section 3 - Definitions

UAA Section 4 - State Board of Accountancy

UAA Section 5 - Qualifications for a Certificate as a Certified Public Accountant

UAA Section 6 - Issuance and Renewal of Certificates, and Maintenance of Competency

UAA Section 7 - Firm Permits to Practice, Attest Experience and Peer Review

UAA Section 8 - Public Accountants and Firms of Public Accountants

 

 

 

8

15

 

 

21

5, 6, 9, 23, 36, 70, 71, 72

5

9, 10, 12, 73

 

9, 13, 17, 69, 71

 

5, 9, 13, 14, 49, 52, 61, 71, 72, 73

 

6, 9

 

 

 

 

 

CPA Standards

Page

I. Uniform Accountancy Act (Continued)

UAA Section 9 - Appointment of Secretary of State as Agent

UAA Section 10 - Enforcement Against Holders of Certificates, Permits, and Registrations

UAA Section 11- Enforcement Procedures - Investigations

UAA Section 12 - Enforcement Procedures - Hearings by the Board

UAA Section 13 - Reinstatement

UAA Section 14 - Unlawful Acts

UAA Section 15 - Injunctions Against Unlawful Acts

UAA Section 16 - Criminal Penalties

UAA Section 17 - Single Act Evidence of Practice

UAA Section 18 - Confidential Communications

UAA Section 19 - Licensees' Working Papers; Clients' Records

UAA Section 20 - Privity of Contract

UAA Section 21 - Uniform Statute of Limitations

UAA Section 22 - Proportionate Liability

UAA Section 23 - Substantial Equivalency

UAA Section 24 - Construction; Severability

UAA Section 25 - Repeal of Prior Law

UAA Section 26 - Effective Date

 

 

 

 

 

 

7, 9, 16, 23, 29, 40, 47, 62, 64, 70, 72

 

15

15

 

16

26, 33, 52, 55, 61, 62, 66, 70, 71, 72

16

 

 

15

28

25, 38, 39

 

19

19

19

69

 

 

 

CPA Standards

Page

II. Uniform Accountancy Act Rules

Introductory Comments

Preamble

Article 3 - Definitions

Article 4 - State Board of Accountancy

Article 5 - Certified Public Accountants

Article 6 - Issuance of Certificates and Renewal of Certificates

and Registrations, Continuing Professional Education and Reciprocity

Article 7 - Permits to Practice - Firms

Article 10 - Enforcement Actions Against Licensees

Article 11 - Enforcement Procedures - Investigations

Article 12 - Enforcement Procedures - Hearings by the Board

Article 13 - Reinstatement

Article 14 - Unlawful Acts

Appendixes

 

 

 

 

 

 

 

23

 

 

10, 12

9, 17, 73

 

 

9, 72

49, 62, 63, 64

 

 

15

16

14, 15, 62, 66, 67, 72

 

 

 

CPA Standards

Page

III. AICPA Code of Professional Conduct

Section 50 - Principles of Professional Conduct

Section 51 - Preamble

Section 52 - Article I: Responsibilities

Section 53 - Article II: The Public Interest

Section 54 - Article III: Integrity

Section 55 - Article IV: Objectivity and Independence

Section 56 - Article V: Due Care

Section 57 - Article VI: Scope and Nature of Services

Section 90 - Rules: Applicability and Definitions

Section 91 - Applicability

Section 92 - Definitions

Section 100 - Independence, Integrity, and Objectivity

Section 101 - Independence

Interpretation 101-14

Section 102 - Integrity and Objectivity

Interpretation 102-2

102-4

102-6

Section 201 - General Standards

Section 202 - Compliance with Standards

Section 203 - Accounting Principles

Section 301 - Confidential Client Information

Interpretation 301-3

Section 302 - Contingent Fees

Interpretation 302-1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

31

 

 

25

 

 

 

 

23, 56

45

29, 53, 56, 57

30, 34, 39, 54

30, 50

31, 41

31

31, 43

23, 41, 45, 49

24, 53

24, 45

28

40

26

26

 

 

 

CPA Standards

Page

III. AICPA Code of Professional Conduct (Continued)

Section 501 - Acts Discreditable

Section 502 - Advertising and Other Forms of Solicitation

Interpretation 502-5

Section 503 - Commissions and Referral Fees

Section 505 - Form of Organization and Name

Interpretation 505-2

Appendix A - Council Resolution Designating Bodies to

Promulgate Technical Standards

Appendix B - Council Resolutions Concerning Rule 505 - Form

of Organization and Name

May 7, 1997

Dec. 31, 1998

 

 

 

24, 38

59, 60

59

27, 33

53, 62

56

 

 

 

 

 

 

50, 52

53

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