Page 290 - IOM Law Society Rules Book

ADVOCATES ACCOUNTS RULES 2008

(l) for liquidators, trustees in bankruptcy, receivers under the Mental Health Act
and trustees of occupational pension schemes, check that records are being kept
in accordance with rule 32(8), (9)(c) and (12), and cross-check transactions
with client or controlled trust matter files when appropriate;

(m) check that statements and passbooks and/or duplicate statements and copies of
passbook entries are being kept in accordance with rule 32(9)(b)(ii) and (13)
(record-keeping requirements for joint accounts), and cross-check transactions
with client matter files when appropriate;

(n) check that statements and passbooks and/or duplicate statements, copies of
passbook entries and cheque details are being kept in accordance with rule 33
(record-keeping requirements for clients’ own accounts), and cross-check
transactions with client matter files when appropriate;
(o) check that interest earned on separate designated client accounts, and in
accounts opened on clients’ instructions under rule 16(1)(a), is credited in
accordance with rule 24(1) and (6)(a), and note (i) to rule 24;

(p) make a test examination of general client accounts to see whether where
applicable the advocate has accounted to his client for sums in lieu of interest
calculated in accordance with Rule 25; and

(q) ask for any information and explanations required as a result of making the
above checks and tests.

Extracting balances

(2) For the purposes of paragraph (1)(f) above, if an advocate uses a computerised or
mechanised system of accounting which automatically produces an extraction of all client
ledger balances, the accountant need not check all client ledger balances extracted on the list
produced by the computer or machine against the individual records of client ledger accounts,
provided the accountant;

(a) confirms that a satisfactory system of control is in operation and the accounting
records are in balance;

(b) carries out a test check of the extraction against the individual records; and

(c) states in the report that he or she has relied on this exception.

Notes
(i) The rules do not require a complete audit of the advocate’s accounts nor do they require
the preparation of a profit and loss account or balance sheet.
(ii) In making the comparisons under rule 42(1)(f), some accountants improperly use credits
of one client against debits of another when checking total client liabilities, thus failing
to disclose a shortage. A debit balance on a client account when no funds are held for
that client results in a shortage which must be disclosed as a result of the comparison.
(iii) The main purpose of confirming balances direct with banks, etc., under rule 42(1)(f)(ii) is
to ensure that the advocate’s records accurately reflect the sums held at the bank.
The accountant is not expected to conduct an active search for undisclosed accounts.

Rule 42 – Test procedures page 47