commercialization of auditing services offered by professionals
Transcription
commercialization of auditing services offered by professionals
SIMON PIERRE DERMARKAR COMMERCIALIZATION OF AUDITING SERVICES OFFERED BY PROFESSIONALS WITHIN ACCOUNTING FIRMS Mémoire présenté à la Faculté des études supérieures de l‘Université Laval dans le cadre du programme de maîtrise en Sciences de l'administration pour l‘obtention du grade de Maître ès sciences (M.Sc.) ÉCOLE DE COMPTABILITÉ FACULTÉ DES SCIENCES DE L'ADMINISTRATION UNIVERSITÉ LAVAL QUÉBEC 2011 © Simon Pierre Dermarkar, 2011 Résumé Le cœur de l'étude mettra en évidence la présence d‘importantes pressions découlant du mercantilisme au sein de la pratique de vérification professionnelle dans l'ère post-Enron. L'analyse sera distinguée en deux segments: les pressions découlant du désir de l'auditeur à être perçu comme financièrement efficace, et d'une autre part, les pressions découlant de l'objectif de l'auditeur cherchant à privilégier les clients et à rester compétitif dans le marché. Les aspects commerciaux généralement reconnus de la vérification (c.-à-d., rapidité, efficacité, profitabilité) qui sont mesurés par des indicateurs financiers (taux de récupération et taux horaire récupéré) qui eux sont contrôlés et encouragés par certains processus formalisés (par exemple, de budgétisation et d'évaluation de la performance) au sein des organisations comptables, expliquent précisément pourquoi les praticiens de la vérification ont le désir d'être perçu comme économiquement efficace. De plus, les résultats empiriques montrent une certaine évolution (parfois agressive) de la présence de tels mécanismes qui pourraient mener à des effets négatifs tels que la détérioration de l'environnement de travail et à des mutations insoucieuses des méthodes de vérification. Aussi, afin de freiner les pressions croissantes liées à la concurrence et accroître leur part de marché, les cabinets comptables déploient une stratégie à faible prix (« low balling ») pour leurs services de vérification; cette approche aide à conserver (ou à séduire) les entités auditées. Contrairement à ce que plusieurs peuvent penser, la règlementation Sarbanes-Oxley ainsi que son adaptation canadienne n‘éliminent pas entièrement une telle tactique dans l'industrie de la vérification. En fait, la stratégie a évoluée au point où certains cabinets plus petits doivent, contre leur gré, adopter ces méthodes afin de lutter contre les comportements marketing agressifs des «Big Four». Cette approche crée une certaine controverse entre le niveau de risque du mandat et l'objectif de rentabilité qui semble souvent rester à un niveau standard, peu importe la variation de l‘honoraire. Je présente des extraits d‘entrevues indiquant que les mandats de vérification à faible prix peuvent amener à réduire au minimum les questionnements à travers le travail de vérification ou littéralement chercher à trouver l'endroit où le travail de vérification peut être coupé. ii Abstract The core of the study will highlight the presence of important pressures ensuing from commercialism throughout the professional auditing practice in the postEnron era. The analysis of these features will be distinguished into two segments; first the pressures ensuing from the auditor‘s desire of being perceived as commercially effective, and second, the pressures ensuing from the auditor‘s aim of privileging the clients and remaining competitive in the market. The general business aspects of auditing (i.e., rapidity, efficiency, profitability) monitored by some financial indicators (i.e., recuperation rate and hourly recuperated fee) which are controlled and promoted through certain formalized processes (i.e., budgeting and performance assessment) within accounting organizations explain specifically why audit practitioners have a desire to be perceived as economically effective. Moreover, empirical findings indicate a certain evolution and ongoing – sometimes aggressive – presence of such mechanisms which potentially lead to negative effects such as deterioration of the working environment and neglectful alteration of audit approaches. Also, in order to counter increasing pressures related to rivalry and to increase market share, accounting firms deploy an evolving low pricing audit engagement strategy aiming to retain (or seduce) the auditees. Conversely to what many would think, the Sarbanes-Oxley Act and its Canadian adaptation did not get rid of such tactic in the audit industry. In fact, the strategy has evolved to the point where some smaller firms have to keep up by reluctantly adopting such method in order to counter Big Four‘s aggressive marketing behaviours. In turn, that approach creates a certain controversy between the risk level of the engagement and the profitability aim which often remains at a standard level no matter the variation of the fee. I present excerpts indicating that the low balling auditor might aim at minimizing questionings through the audit work or literally seek to find where the audit work can be cut. Remerciements Je dédie ce mémoire à la douce mémoire de ma maman. Je remercie mon père pour le support exceptionnel qu‘il m‘a accordé à travers la poursuite de mes buts professionnels, académiques et personnels. Je remercie aussi mes sœurs et mon beau-frère pour les précieux encouragements à l‘égard de mes divers projets. Je tiens à mentionner l‘inestimable apport que mon directeur de recherche a su me partager; je n‘étais pas un chercheur en commençant ce mémoire, mais j‘ose espérer tendre à en devenir un maintenant, grâce à Yves Gendron. Je tiens aussi à souligner la confiance et la motivation que la direction du département des sciences comptables de HEC Montréal ainsi que plusieurs de ses membres m‘ont apportées à travers la complétion de mon projet de recherche. Finalement, je voudrais très cordialement remercier chacun des sujets de mon étude qui ont gracieusement accepté de participer aux entrevues qui m‘ont permis de procéder à cette recherche. Sans eux, ce projet n‘aurait pas été possible. Mon parcours Dès mes débuts en tant que stagiaire auditeur, je remarquais cet humble, et parfois sous-estimé, rôle que les vérificateurs pouvaient jouer en tant que protecteur du public. J‘ai vite appris qu‘il y avait un champ beaucoup plus large à cette pratique professionnelle. Mes constats m‘amenèrent à certaines déceptions, mais ils m‘amenèrent surtout à apprécier une étincelle qui est celle de découvrir et de réaliser que ces découvertes sont infimes par rapport à tout ce qu‘il reste à découvrir. Les enjeux tels que le mercantilisme au sein des professions, les conflits d‘intérêts, la corruption, la protection du public, la gouvernance des marchés des capitaux, etc., sont tous des champs qui désormais me passionnent et pour lesquels j‘ai l‘intention d‘entreprendre davantage de recherches qui me permettront de faire de nouvelles découvertes et de les partager. iv Table of Contents Résumé .............................................................................................................................. i Abstract ............................................................................................................................ ii Remerciements ................................................................................................................ iii Table of Contents ............................................................................................................ iv GOAL AND CONTEXTUALIZATION OF THE RESEARCH .................................... 6 LITERATURE REVIEW ............................................................................................... 10 Protection of the public to profit motives .......................................................... 11 Auditors‘ mistakes ............................................................................................. 14 Commercialism vs. professionalism .................................................................. 18 Commercialism‘s takeover................................................................................. 24 Aftermath ........................................................................................................... 32 Corrective measures ........................................................................................... 34 METHODOLOGY AND ASSUMPTION ..................................................................... 37 Assumption and approach .................................................................................. 37 Method ............................................................................................................... 39 Recruitment and data collection............................................................. 41 Method of analysis ................................................................................. 44 DATA ANALYSIS ........................................................................................................ 47 1- General aspects .......................................................................................................... 47 1.1- Existence of commercial pressures? ........................................................ 48 1.2- What is pressure? ..................................................................................... 49 1.3- Commercial pressures and its effects ...................................................... 50 1.4- Regulation and issue cycle....................................................................... 56 2- Perceived as profitable ............................................................................................... 61 2.1- Business aspects.......................................................................................... 61 2.2- Financial indicators ..................................................................................... 64 2.3- Organizational processes ............................................................................ 66 2.4- Strengthening commercialism through subtle influence............................. 70 2.5- Effects on working environment and audit approaches .............................. 73 2.5.1- Working environment .................................................................. 74 2.5.2- Audit approaches ......................................................................... 75 2.6- Conclusion .................................................................................................. 77 3- Privileging the clients................................................................................................. 78 3.1- Serving the client as a priority .................................................................... 79 3.2- Commodifying the audit ............................................................................. 83 3.3- Low balling ................................................................................................. 85 3.3.1- Strongly competitive auditing markets ........................................ 86 3.3.2- Low balling .................................................................................. 87 3.4- Conclusion .................................................................................................. 94 FINAL REMARK .......................................................................................................... 95 REFERENCES............................................................................................................... 97 APPENDIX & TABLES.............................................................................................. 103 Appendix 1 – Form of consent......................................................................... 104 Appendix 2 – List of questions........................................................................ 109 Table 1 – Interviewee details........................................................................... 111 v 6 GOAL AND CONTEXTUALIZATION OF THE RESEARCH In the wide economical sphere, financial auditing seeks to represent a credibility enhancer towards stakeholders having interest in financial information. Through this role of enhancing financial information‘s credibility, protecting the public‘s interest as ―watchdogs‖ remains the primary rhetorical reason of being of professionals performing financial auditing. When serious failures emerge in financial markets, the public systematically suffers; we hear of retirement funds crashing, lifetime savings disappearing in the rush of the events, office shutdowns increasing unemployment, and more. These matters are serious for the world economy, for each of the nations around the world, for each society built in these nations, for each community included in these societies, and ultimately, for each family of these communities around our planet. The negative effects can become very vicious and generalized especially in today‘s globalized and sometimes hyper complex financial markets. This memoire will study a particular facet of the previously identified ―watchdogs‖ of financial information, whose work has been criticized by many in the aftermath of significant corporate debacles such as that of Enron (Guénin-Paracini and Gendron, 2010). These criticisms reflect not only on the ―watchdog‘s‖ reputation, but also on the standing of the companies involved and on the perceived performance of legislators and regulators aiming to normalize the financial information‘s enhancing process, and to oversee the achievement of financial auditors‘ reason of being. From an organizational point of view, we normally expect that those who are called to protect the public‘s interest, the auditors, would successfully manage their own firms by effectively raising the flag when major corporations occupying these public markets hold significant flaws in their broad financial disclosure processes. Many could consider that management in such professional firms represents models to organizational control and governance systems. In fact, these accounting 7 firms are often brought to advise and provide logical insights to enrich their audit clients‘ control systems. Unfortunately, the present paper might in some way discourage ones‘ anticipation of such an idealistic belief through the results obtained that consider the auditors as social actors who are at the end of the day normal human beings living complex relations. In this study I seek to analyze the extent to which commercialism comes to influence financial audit work. Generally speaking, auditing studies carried out before the regulatory reforms of 2002 (e.g., Sarbanes-Oxley Act) indicate commercialism as a dysfunctional factor to the achievement of financial auditing goals. Regulatory initiatives were enacted in the hope of reining in mercantilism in the profession. More precisely I seek to concentrate my research on the commercialism facet of the auditing profession in the post-Enron era. Through the analysis of interviews held with auditing practitioners, I will appreciate these professionals‘ perceptions towards mercantile features as of the actual auditing practice. As argued by Gendron & Spira (2010, p. 298): [O]ne may wonder whether the rhetorical appeal of commercialism can ever be constrained in public accounting. The ongoing rivalry between professionalism and commercialism in public accounting, which has been examined by several researchers prior to the collapse of Enron (e.g., Covaleski et al., 1998; Gendron, 2002; Hanlon, 1994; Humphrey & Moizer, 1990; Radcliffe, Cooper, & Robson, 1994), remains a highly relevant object of study in the ―post-Enron‖ era. The present study therefore fulfills relevant advancements in the field of accounting research on financial auditing (―watchdog‖) practice. As it will extensively be demonstrated throughout this paper, the empirical findings will not only show that mercantile factors have not disappeared from the professional auditing arena in the post-Enron era, but also how 8 they have aggressively evolved in strengthening their positions within professional accounting firms‘ audit functions. Firstly, in the literature review chapter, I will recollect and present in a synthesized manner what has been previously alleged by authors with regard to mercantilism versus professionalism within the auditing profession. This will allow general understanding as to why this issue is capital, not only in regard to the accounting profession, but towards the general public‘s interest in the economical sphere. Then, I will show how according to researchers, professionalism‘s vain battle against commercialism represents one of the major factors with regard to the Enron-Andersen 2001 debacle. Afterwards, it will be discussed that corrective measures, although questioned by a number of observers, were added by regulators in order to rein in the problematic mercantilismlinked issues at stake towards such brutal financial failures. In sum, this literature review will in the end demonstrate in what way the present research effectively fits in the ongoing study process of professional auditing and how previous literature explicitly reflects the significance of commercialism within accounting firms‘ audit functions. Following the literature review will be presented the methodology design put in place in order to pursue the present research analysis that appreciates practitioners‘ perceptions towards commercialistic factor within auditing functions of accounting firms in the post-Enron era. I will at that point present the data collection process that was done through interviews with audit practitioners from various size-type professional accounting firms. Then, the general qualitative-based analysis process will be presented before development of the main chapters of the memoire. 9 The core of the study will then highlight the presence of important pressures ensuing from commercialism throughout the professional auditing practice. These pressures will be analyzed from a practitioner‘s point of view by suggesting how the promotion of such commercialistic features comes to affect auditors‘ behaviours. The analysis of these features will be distinguished into two (somewhat overlapping) segments; first the pressures ensuing from the auditor‘s desire of being perceived as commercially effective will be analyzed, and second, the pressures ensuing from the auditor‘s aim of privileging the clients and remaining competitive in the market will be discussed. 10 LITERATURE REVIEW This section will serve to present many authors‘ sayings towards the studied matter which is commercialism within accounting firms. To introduce the literature review, I will firstly present the auditors‘ claim regarding the protection of the public in order to situate the element that has been identified as the raison d‘être of such profession. This reason of being is relevant to the study in the sense that if commercialism, which is the main axis of research through this memoire, comes to impact professionalism (and therefore the quality) of the auditors‘ work, the protection of the public may ultimately suffer and this directly supports the significance of carrying out such studies. My review of literature mainly indicates the following drama (although literature is characterized by a number of discordant views). Professional accountants have made mistakes in the past, audit related or not; these professionals have in some ways failed to achieve a certain number of their goals. This eliminates any assumption for which sole reliance on a professional virtue or affiliation can resolve any problematic issue within professional environments. Literature also points to commercialism having gained in influence within accounting firms. Moreover, the ascension of commercialism is greatly characterized as a confrontation between commercialism and professionalism. The confrontation implies that the increase of commercialism is in some way manifested to the detriment of professionalism within the accounting profession. Ultimately, a number of studies qualify the increase of commercialism as a literal ―takeover‖ against professionalism, which ultimately led to the Enron-Andersen scandalous debacle. Finally, I will swiftly present and appreciate from the authors‘ perspectives the corrective measures seeking to resolve the accounting profession‘s commercially related failures. As for the Commercialism‘s Takeover, the Aftermath, and the Corrective Measures sections, I will mainly rely on researches analyzing Enron-Anderson‘s financial debacle. In fact, my study aims to specifically appreciate the auditing profession‘s commercialism stance in the post-Enron era. 11 Therefore, by essentially concentrating my review on the EnronAnderson debacle I surely expose the most relevant literature regarding the theme of my study. Protection of the public to profit motives My review of literature fundamentally aims to assess the extent to which the protection of the public is actually a key priority within accounting firms. One of the key indications of previous studies is the growth of mercantile features having come to ―overshadow‖ the claim of protecting the public. The claim was already deemed paramount many decades ago, as Gaa (2007, p. 29) indicated: Arthur Levitt, then-Chairman of the Securities and Exchange Commission (SEC), observed that the need to protect investors was recognized in the late 17th Century, when formal stock exchanges first appeared in England (Levitt, 1996). Problematic issues strongly support Levitt‘s saying, indeed Gaa (2007, pp. 29 & 30-31) adds: Only a few years later, the South Seas Bubble, which was an enormous financial fraud in the 1710s, proved the point. The scandal was so massive and traumatic that it caused the end of the joint-stock form of business organization (which was the forerunner of the modern corporation) for over a hundred years. Eventually, the need to obtain large amounts of capital for transportation companies caused the corporate form of organization to re-emerge in England, with the Companies Acts of 1844 and 1845. But these laws required audits of balance sheets, in order to limit the ability of management to commit fraud (which was regarded as inevitable otherwise) (Littleton, 1933). […] 12 Levitt [(1996)] also pointed out the central importance of protecting investors‘ interests by noting that the phrases ―for the protection of investors‖ and ―in the public interest‖ occur separately or together in the Securities Act of 1933 and the Securities Exchange Act of 1934 at least 225 times. Similar language is found at many points in the Sarbanes-Oxley Act of 2002, the official title of which (―An Act to protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the Securities Laws and for other purposes‖, U.S. Congress, 2002) reinforces the point. These previous excerpts fairly confirm that the protection of the public represents a significant signifier with regard to the capital markets functioning. More precisely, it is indicated that in order to allow capital markets‘ accesses for major industries it was necessary to ensure the protection of the public through the prevention of frauds. We can also observe that the matter is ongoing in the sense that recent legislation such as the Sarbanes-Oxley Act of 2002 (directly affecting the auditor‘s work) includes several mentions regarding the protection of the public. However, auditors‘ commitment towards the protection of the public may be overshadowed by other reasons, such as financial achievements. In their review of auditing literature, Cooper & Robson (2006, p. 416) mention that the profit motives require special attention in the context of professional service firms: While questions of how ―public interest‖ and professional vision as defined and understood by accountants are indeed important (Fogarty, Radcliffe, & Campbell, 2006; Willmott, Cooper, & Puxty, 1993), recognition of the profit motive in firms enables an analysis that is not preoccupied with issues of professional legitimacy and self-understanding. Quite provocatively, they add (pp. 422-423): 13 [I]nternal dynamic of multi-national accounting firms explains how the ―feudal‖ values of accountants (gentlemanly attitudes and aristocratic and paternalistic values) are transformed into commercial values of the large corporation, in which profitability and contribution to the growth of capital are dominant. In this last passage the authors speculate on how long-known core values of accountants are transformed into explicit mercantile features. In the following segment (p. 433), they express how commercialistic features‘ emphasis potentially brings auditors to jeopardize their public interest concern in favour of client service and cross-selling opportunities: In literally hundreds of interviews in the 1990s, in many countries and large accounting firms, we never heard an accountant refer to the public interest and when issues of client management are discussed, the concern expressed in accounting firms is usually in terms of providing client service and finding opportunities for cross-selling. At least in law firms, client management systems seem to be focussed on avoiding conflicts of interest! It therefore appears that accountants practically never refer to the public‘s interest when discussing issues of client management. We may then assume that a number of auditors do not necessarily consider primordial their service towards the public‘s interest. What type of commitment should be expected? As stated by Gendron (2002, p. 664): The essence of the professional logic of action may be inferred from Hall (1968), who describes the set of attributes that generally are considered in the sociology of professions as being representative of ―ideal‖ professionals. According to this literature, ideal professionals strongly identify with their 14 profession, and consider the main objective of their work to be that of serving the public. All of the above leads to believe that a number of auditors (or accountants in general) do not value their professional stance as much as one could hope or expect. Could it be that they tend to favour their commercial stance? Consequences may be dramatic, as suggested by McNair (1991, p. 635): What would happen to a profession if the realities of the economic imperative were to overshadow the less tangible demands of society? My review addresses the conflict between commercialism and professionalism in the following sections. It will be shown that in the eyes of a proportion of auditors, protecting the public is less tangible than increasing profitability within accounting firms‘ audit functions. Auditors’ mistakes Before discussing how the accounting literature has extensively analyzed the commercialistic features of the profession being confronted to the professional features and how this confrontation can lead to failures (e.g., Enron-Andersen), I first wish to plainly demonstrate how auditors have had their share of failures. Without scientifically demonstrating that auditors‘ failures exposed in this section relate to the battle between commercialism and professionalism, my initial aim is simply to argue that the profession is not without flaws. Subsequently, I will analyze how literature has constructed linkages between failures and the rise of mercantilism in the profession. 15 The literature indicates that auditors have made significant mistakes and these mistakes have acutely shaken the perception of the public towards the integrity and ethical value of certain actions executed by auditors. ―[A]cting with integrity goes beyond the rules, and requires auditors to act autonomously in making judgments about how far above the moral minimum they should act on a given occasion‖ (Gaa, 2007, p. 38). To demonstrate the auditors‘ failures, I present several examples explicitly showing accounting firms‘ malfunctions. To do this I draw extensively on Gaa (2007, pp. 34, 40, 41, & 42): An example of this [failure] is the case of the creation of KPMG Baymark, in the mid-1990s (SEC, 2001). KPMG decided to start an investment bank that would provide various services to its audit clients, including taking over the operation of KPMG‘s audit clients that were in financial difficulty. If KPMG had created Baymark legally as a subsidiary operation of KPMG, it would have clearly violated the independence standards in place at the time. Thus, KPMG‘s attempted creation of Baymark disregarded its obligation to protect investors. A second case is the now-familiar pattern of behavior that Andersen engaged in for a number of years (Toffler, 2003). A short summary of this is that Andersen engaged in practices that (in the short run) earned large profits, at the expense of investors. The list of faulty audits is long, and includes most notably Waste Management and Enron. In a third case, Ernst & Young was found by the SEC (2004) to be not independent from one of its audit clients, PeopleSoft, in virtue of their ongoing business relationships (in the provision of information technology consulting). Furthermore, even though EY had sold the relevant part of its consulting practice before the SEC action, EY‘s attitude and pattern of past behaviour caused the issuance of a cease and desist order. A fourth example of integrity problems is the practice of Pricewaterhouse- Coopers in billing for air travel of its 16 employees on consulting engagements [...]. During the 1990s, PwC negotiated ―back-end‖ rebates on tickets. These rebates were paid to PwC at the end of the year, rather than as ―frontend‖ discounts on the ticket price itself. Rather than passing the rebate on to its clients (who had been billed for the gross travel costs of PwC consultants), PwC kept the rebate. That meant that PwC effectively charged its clients more than the actual (net) cost of travel. A fifth example is the […] promotion of illegal tax shelters in the U.S. by KPMG to benefit wealthy clients (U.S. Department of Justice, 2005). 17 employees of KPMG were indicted, including a former Deputy Chairman, a former CFO, a former Associate Chief Counsel, and several former Heads of its tax practice. In all five cases stated above, we note that mercantile features are mentioned as being at stake; whether they are features promoting the accounting firm‘s own profitability enhancement or features seeking to preserve the quality of the relationships with the client in order to protect the commercial liaison. We cannot confirm that these features represent the main originating causes of the failures in question, but it is reasonable to assume that they nevertheless had a certain influence on the accounting firms‘ actions. Finally I present one last example that is rather recent with regard to the Lehman Brothers‘ financial debacle that led to its bankruptcy: In March 2010, a 2,200-page document laid out in new and startling detail how Lehman used accounting sleight of hand to conceal the bad investments that led to its undoing. The report, compiled by an examiner for the bank, concluded that, among other things, the firm‘s demise was the result of bad mortgage holdings and, less directly, demands by rivals like JPMorgan Chase and Citigroup, that the foundering bank post collateral against loans it desperately needed. (New York Times, May 28 2010). It‘s not clear that there was a crime committed in the fall of Lehman Brothers. But the court-appointed examiner‘s report 17 makes it clear that there was financial massaging going on. The examiner, Anton R. Valukas, refers repeatedly to ―Repo 105,‖ a name for a set of accounting tactics originated by Lehman that temporarily shuffled about $50 billion off the firm‘s balance sheet for the two fiscal quarters before it collapsed. Lehman‘s use of Repo 105 — hidden from the firm‘s board but not its auditors at Ernst & Young — helped the investment bank look less indebted than it really was (New York Times, March 11th 2010). Even if not clear whether a crime was committed in the sense of the law, I decided to present this last recent example to show how, with regard to a bank‘s collapse, an auditor was explicitly mentioned as holding significant information that the board of directors of the bank was not even aware of and that ended up being intimately related to the bank‘s collapse. More recently, in December 2010, the Financial Post published an article indicating that: New York prosecutors sued Ernst & Young, accusing the accounting firm of helping to hide Lehman Brothers Holdings Inc‘s financial problems, the first major government legal action stemming from the Wall Street bank‘s 2008 downfall. [...] The civil fraud case seeks more than US$150-million in fees that Ernst & Young received from 2001 to 2008 as Lehman‘s outside auditor, plus other unspecified damages. [...] The case, filed in New York state Supreme Court, is one of the biggest legal cases involving an accounting firm since Arthur Andersen was criminally indicted in 2002 over the Enron scandal. (Financial Post, Tuesday December 21st 2010) As stated by Watkins (2010) in his article ―Will Lehman Brothers and Repo 105 allegations bring down Ernst & Young?‖: Within hours of the damning report into the collapse of investment bank Lehman Brothers and its finding that auditor Ernst & Young failed to raise the alarm about the bank‘s accounting practices, the ominous historical comparison was 18 being drawn. Even the most senior regulators in Britain were contemplating the worst. E&Y kept to a short statement insisting it did its job properly. But one defender of the group felt the need to be more blunt: ―This is not Ernst & Young‘s Enron.‖ We will wait for the outcome of the court‘s ruling with regard to that matter. Overall however, we can say that failures of professional accounting firms are not infrequent. Further, mercantile features such as the firms‘ profits and the preservation of the accountant-client relationship appear to be significant factors along the failures‘ contexts. Having shown that accountants, commonly known to have the role of protecting the public‘s interest, are not without flaws, my review will now specifically analyze the spread of commercialism within the accounting profession. Commercialism vs. professionalism At this point, I find it relevant to specify that the accounting profession deals with numerous features (e.g., internationalization of reporting standards) from which emerge diverse types of tensions or issues; the reason why I add such comment is simply to point out how, through the course of my study, I specifically and consciously aimed one particular aspect of the profession – commercialism of auditing in the post-Enron era. In this section the goal is to expose from academic authors‘ perspectives, how the accounting profession has always had tensions between commercialism and professionalism. Moreover, I will show how the authors consider that there has been a considerable shift in the ascension process of commercialism within accounting firms. Indeed, commercialism has not always been a significant problematic-conflicting 19 factor within accounting firms. According to some authors commercialism has always been present in the profession but it did not necessarily create problematic concerns until it rose to the point of overshadowing professionalism. As mentioned by Gendron (2002, pp. 660, 664): It is widely recognized in professional and academic literature that audit decisions are subject to conflicting influences, in particular between professionalism and commercialism [...]. For many years, perhaps indeed since the beginning of the profession, tensions between the professional and commercial logics of action have been present within audit practice (Kirkham, 1992, p. 301; Radcliffe, Cooper, & Robson, 1994, p. 602). Commercialism may therefore have been an influential force within the confines of accounting firms since their very beginnings. According to the golden age thesis, to which several authors adhere, commercialism was under control until the 1970s, when professional codes of ethics were relaxed in various jurisdictions in order to promote the free-market spirit within professions. During this golden age, professionalism apparently was seriously taken into consideration by accounting firms‘ leaders. Commercialism was to some extent influential – but professionalism then prevailed. Wyatt (2004, p.46) indeed states: The firm leaders used articles and speeches to articulate the nature of the profession and its importance to our business and commercial system. They spoke out forcefully on the issues of the day, often without regard to whether one or more clients might find their remarks objectionable. The leaders included Leonard Spacek [...]. In fact as Toffler (2003, pp. 18-19) mentioned: 20 It was under Spacek‘s leadership that the firm [Arthur Andersen] grew into the most respected – and feared – accounting firm in the world. Revenues nearly tripled between 1947 and 1956 [...]. Starting in the 1950‘s, Spacek became the nagging conscience of an industry that desperately needed reform. [...] Spacek had a solution: the establishment of what he called a U.S. Court of Accounting Appeals, a higher, independent court that would enforce a uniform code of accounting principles. [...] Spacek – to the frustration of his Big 8 counterparts – continued the crusade [...], taking on first the oil industry and then the railroads and the savings-and-loan industry. [...] The Firm bolstered its reputation as a company that took a stand, even at the expense of losing clients. These previous excerpts seem to describe accounting from another planet! First, Wyatt mentions how the former firms‘ leaders used to affirm loudly the importance of the profession despite commercialistic influences (indirectly promoting the protection of the public). Moreover, Wyatt adds how these leaders would openly and loudly speak of issues relating to the profession, even to the cost of displeasing their own clients. Even more surprisingly, we find Toffler‘s comment relating Arthur Andersen‘s commercial success (tripling of revenues) to attitudes of rigorousness regarding audit engagements. To Toffler, Arthur Andersen grew as a top accounting firm by taking controversial stands against some of the biggest industries in the economy in order to enhance their reporting processes. Interestingly, according to Toffler (2003) and Wyatt (2004), what would be considered as destructive measures in today‘s commercialistic environment seems to be the cause of financial growth in the 1950s‘ accounting firms. Thus, according to these authors, in the 1950s professionalism constituted a powerful force in the profession; commercialism was then potentially present but under control. Yet a considerable shift occurred afterwards. According to Wyatt (2004, p. 47): 21 In the early 1960s, Andersen leaders saw a potential in providing what came to be integrated computer system services to clients. This led to an expansion in the range of services provided and a need to attract new personnel with different skill sets from those embodied in the accounting majors Andersen had historically recruited. […] The relative success of the consultants created enormous pressure on the auditing and tax practice, both to grow revenues and increase margins. The successes in the consulting practice increasingly influenced behavior by auditing and tax leaders, and the impact of these behavioral changes gradually affected the behavior patterns of audit and tax personnel as well. Improved profitability became a key focus. This previous segment illustrates, through the advent of consulting services, two major emerging factors in the transition from a professionalism approach to a commercialism approach within accounting organizations. First, Wyatt states the new type of personnel that increasingly was hired within the organizations; as it will be presented subsequently, according to Wyatt, this is a primordial step in shifting the general culture of the organization from a professional culture to a commercial one. Second, we realize that the influence of commercialism consolidates from inside the accounting firm, as a competitive battle between consulting service and other services such as auditing and tax. In this memoire, the shift from professionalism to commercialism in the daily functioning of accounting firms is mainly characterized by the Arthur Andersen experience up until the EnronAndersen turmoil. However, it has to be stressed that other studies such as Suddaby, Cooper & Greenwood‘s (2007) and Covaleski, Dirsmith, Heian & Samuel‘s (1998) specifically indicate this shifting process as a reality in the professional accountancy sphere in general. The change apparently was gradual, according to Wyatt (2004, p. 48): 22 I want to emphasize that the changes associated with the growth of consulting practices really evolved relatively slowly over a period of about 30 years. There were no dramatic turning points […]. Of course, as a result of this change the meaning of the word ―professional‖ shifted in the mind of a number of practitioners – although from an analytical perspective it is often relevant to differentiate professionalism from commercialism in terms of ideals. According to Gendron (2002, p. 666): [C]ommercial auditors conceive of their activities as being ―professional‖, arguing that in today‘s competitive world the essence of professional work is to be businesslike and responsive to auditees‘ needs. In contrast, in the present paper the term ―professional‖ refers to a logic based on an idealized, coherent and organized set of values and ideas centred on the notion of serving the public—and not practitioners‘ financial self-interests. As we can realize professionalism seemed to have experienced a serious shift in definitions. On one hand, the former 1950‘s ―professionally‖ qualified firms‘ leaders as described by Wyatt and Toffler (with the Spacek example), are strongly consistent with the definition identified by Gendron (2002) with the central notion of serving the public. However, actual ―commercial‖ auditors seem to conceive a professional auditor as a good businessperson who seeks to provide a variety of useful services to the firm‘s clients as described by Hanlon (1996). Gendron (2001; 2002) illustrates interesting aspects of the tension between commercialism and professionalism within accounting organizations. Gendron (2002) explains how in some way the coexistence of this professional/commercial duality can benefit the accounting organizations since it provides ―decision-makers with a 23 legitimizing space to influence the decision process differently‖ (Gendron, 2002, p. 661) and it offers an ―additional opportunity to challenge decisions‖ (Gendron, 2002, p. 681). Having both logics as coexisting pressures allows a certain suppleness and room for justification when having to support a decision, which can benefit the firm in certain ways. Gendron (2002, pp. 660, 665, 681) indeed argues: Adapted from a current of research in organizational analysis, [...] the firm sets the stage for auditors‘ decision-making by configuring its organizational components (e.g., the firm‘s partner-compensation scheme and client-acceptance policies) in such a way that the professional and commercial logics are under a moderate level of tension. That is, to sustain internal cohesiveness and avoid anarchy in decision making, the firm makes its organizational components more reflective of one of the logics. In so doing, the firm sends auditors the signal that it expects the logic to be significantly influential during decision-making. However, to prevent the favoured logic from having a disproportionately large impact on decisions (which may, at times, not be beneficial to the firm), the firm‘s organizational components are also to some extent reflective of the other logic of action, whose role is to mitigate and constrain the favoured logic. Several means are used in the profession to initiate auditors to the professional logic, and remind them of its dictates. For example, auditors‘ codes of ethics generally emphasize the chief notions upon which the legitimacy of the auditing profession is predicated, namely, public service and independence [...]. Concurrently, auditors are exposed to the commercial logic through several sources, such as the business literature that constantly stresses the importance of the ―bottom line‖, as well as the firms‘ performance evaluation reports that typically are based on indicators such as ―profits per partner‖ (Covaleski et al., 1998). Auditors therefore have to operate and make decisions in the midst of the two logics of action, each of them carrying its own representation of decision-making. These representations oftentimes result in points of tension in day-to-day decision processes. (Gendron 2002) In an Accounting, Organizations and Society‘s special issue devoted to auditing, Hopwood (1996, p. 217) wonders why 24 the rhetorics of commercialism and professionalism are still promoted side by side in many parts of the world. In this paper, I argue that it is to the advantage of the firm to perpetuate such contradictory rhetorics via its organizational components, which are precisely aimed at (loosely) regulating the coexistence of the rhetorics. The principle of complementarity within contradiction is in accordance with a theme that has begun to appear in the professional and academic literature, that is to say, that conflicting logics are probably unavoidable in any human organization, and are not necessarily unhealthy since, when properly played out, they provide an additional opportunity to challenge decisions [...]. In sum, the author argues that encouraging the simultaneous existence of professionalism and commercialism can benefit accounting firms‘ audit functions. Practically speaking, the idea is to constitute an organizational climate which maintains the option towards both logics within its processes in order to adapt its approach according to case-specific interests. Yet dramatic consequences may ensue when one of the logics prevails to the point of rendering the other logic almost non-influential. In sum, the relationship between professionalism and commercialism is not necessarily detrimental; the above literature suggests the unavoidability and the beneficial outcome from a ―healthy‖ relationship between the two. Yet auditing literature indicates that commercialism increased its ascendancy within accounting firms – to the point that it jeopardizes the ―healthy‖ equilibrium. Which consequences are understood to ensue from the predominance of commercialism in accounting firms? Commercialism’s takeover I here argue that professionalism is in the process of being overshadowed by commercialism in the accounting profession and to do so, I principally intend to expose how a major (perhaps the biggest) financial debacle was 25 potentially caused by commercialism‘s ―takeover‖. However, it needs to be stressed that even though in this study my discourse tends to generalize the accounting profession as deeply mercantile-driven, I do not consider as universal, or exclusive, this facet of the profession – but plainly significant. Additionally, I aim to emphasize that previous studies supporting the potential linkage of accounting profession to financial debacles do not propose absolute causality effects – but simply suggest a potential (though persuasive and plausible) linkage. Up to this point, through the literature review, we have noticed that the auditors‘ role of protecting the public is a significant one, and that in certain cases these professionals have failed to respond to society‘s expectations on the matter. Literature also indicates that professionalism and commercialism often conflict in the decision-making arena within accounting firms. It is also highlighted that the definition of a professional auditor seems to have drastically shifted from a serious watchdog perspective to a business oriented client-pleasing perspective. Up to this point, however, we did not specifically link audit failures to the increasing influence of commercialism. In this section, I rely on the academic literature to relate the progressive tumbling of professional auditing to the crusade of mercantilism. Wyatt (2004, p. 45) indicates: The accounting profession has been beaten up badly in the media over the last few years, and with some justification. The Forces at work were numerous and complex and different investigators place emphasis on a variety of phenomena that created the environment in which Athur Andersen disappeared and the reputation of the entire profession was tarnished. Some of these forces were not new such as: corporate and individual greed, delivering services that acted to impair independence, becoming too cozy with 26 clients, and participating actively in finding ways to avoid the provisions of accounting standards. In general, this previous citation suggests that the newly adopted definition of ―commercial‖ auditors characterized as client-pleasing businesspersons is significantly influential within audit practice. Wyatt relates this to cases of audit failures as reported in the media and popular press. As added by Gendron (2002, p. 664): Commercial auditors are described in auditing literature as striving to make audit activities profitable within a short to middle term horizon, their driving motivator in the workplace being remuneration (Humphrey & Moizer, 1990, p. 232; Willmott, 1986, p. 576). As a result, commercial auditors are concerned about their ability to satisfy the needs of company managers, who are viewed as those who largely influence audit renewals (Hanlon, 1996). Commercial auditors therefore tend to favour auditees‘ interests, striving to be considered in the eyes of management as business advisors in order to obtain audit renewal and consulting engagements (Kaplan, 1987, pp. 6–7). This description of the latest version of a ―commercial‖ auditor is radically distinct from the Spacek‘s professional model. Continuously pleasing the clients in order to ―make audit activities profitable‖ is now often emphasized. A common technique used to make audit activities profitable is the cross-selling of various consulting services to audit clients. As rapidly introduced above, the rise of consulting brought auditing to become more and more a commodity. As mentioned by Wyatt (2004, p. 49): As we moved into the 1990s, the Securities and Exchange Commission expressed increasing concern about both the range of services rendered and the increasingly large billings related to consulting services. The SEC challenged several firms, alleging that certain services impaired the 27 independence of auditors, but the Commission was not able to demonstrate any direct tie-in between consulting fees and granting of an inappropriate opinion on financial statements by auditors. In accordance with the SEC‘s viewpoint, several studies relate the rise of commercialism and consulting services to the Enron-Andersen debacle. Wyatt (2004, p. 50) explains the downfall by stating that: In essence, the culture of the leading firms in the profession had changed. New personnel who lacked a background that placed prominence on accounting professionalism gradually gained increasing influence in accounting firms. The consulting arms were rapidly growing and were gaining higher compensation levels than the audit and tax partners. The leaders of the audit and tax practices felt increasing pressure to grow revenues rapidly and, more importantly, to grow profit margins in their service areas. Those with a facility to sell new work advanced more rapidly. Crossselling a range of consulting services to audit clients became one of the important criteria in the evaluation of audit partners. Those with the technical skills previously considered so vital to internal firm advancement found themselves with relatively less important roles. […] The focus on delivering quality professional service did not disappear, of course. No one rang the bell in a firm and announced, ―Quality professionalism is out!‖ On the other hand, keeping the client happy and doing what was necessary to retain the client achieved a prominence that did not exist prior to the advent of the consulting arms. It is worth stressing that Wyatt worked many years as partner in Arthur Andersen. He also adds (p. 50): Primarily commercial interest had undermined the core values of the professional firm. The issue was not how the delivery of a particular consulting service might affect the auditors‘ judgment. The issue was not how the existence of consulting fees that were greater than the annual audit fees might affect the auditors‘ judgment. The issue was how the 28 increasing infusion of personnel not conversant with, or even appreciative of, the vital importance of delivering quality accounting and audit service affected the internal firm culture, its top-level decisions, and the behavior patterns of impressionable staff personnel. It wasn‘t that consulting personnel were unprofessional in performing their work, it was that their actions and behavior were far more commercially driven than would be acceptable for audit personnel. Wyatt illustrates a perspective through which the over-emphasized focus on cross-selling consulting services to audit clients increased the infusion of ―[n]ew personnel who lacked a background that placed prominence on accounting professionalism‖ and these employees gradually gained significant influence within accounting firms. As expressed by Wyatt, the shift was progressive, ―[n]o one rang the bell in a firm and announced, ―Quality professionalism is out!‖‖ and therefore it might have been manifested subtly through the auditing functions of the firms. Toffler‘s following example provides insight into how the manifestation of the commercialism‘s takeover occurred in the backstage of daily life. Through the publication of her book, Toffler (2003) expressed her personal experience at Arthur Andersen before the firm collapsed. At one point she explicitly explains how, due to commercialism‘s triumph within the firm, she found herself in a delicate situation for which her ethical behavior characterized her as a ―consultant from hell‖. Indeed, Toffler (2003, pp. 65-66) explains: At that point I did what I thought was the only ethical thing to do – but something that from Arthur Andersen‘s perspective was the equivalent of pulling the pin on a grenade. I wrote a note to the CFO saying that the problems ([concerning issues towards the CFO‘s organization which was an audit client of the firm)] originally raised had not been addressed. ―As far as I am concerned,‖ I wrote, ―you are still sitting with the same vulnerabilities now that you had 29 when we started this project.‖ I cc‘ed [the engagement partner] on the note, but I didn‘t show it to him first, knowing that he would go ballistic. But I thought it was my obligation. Needless to say, [the engagement partner] did indeed go ballistic. For him, I was the consultant from hell. As soon as he received the note, he called, spitting venom. My recollection of the conversation goes like this: ―How could you have sent something like that without showing it to me first? This is a ten-million-dollar audit client! How dare you put anything like this in writing? We never put anything like this in writing! How dare you tell the client there is a problem? If there is something to be told to the client, you tell me and I will talk to the client.‖ I apologized, but honestly, I wasn‘t that sorry. I simply thought the client should know, and I didn‘t have any reason to believe that he would ever hear this from anyone else. I did get a nice note back from the CFO, but the partner and I never spoke again. I had made him look bad and I had committed the cardinal sin of displeasing his prize client and threatening his livelihood. This example describes the general perception of Arthur Andersen‘s unethical and doubtful culture fostered within the firm before its collapse. It characterizes an ethical act as ―pulling the pin on a grenade‖ and it describes the practitioner aiming to pull that ethical act as ―the consultant from hell‖. It expressly favours reassuring a ―ten-million-dollar audit client‖ rather than voicing problematic issues. The excerpt illustrates how the culture of consulting services‘ personnel as described by Wyatt (2004) spreads onto the auditing personnel. Gendron & Spira (2010, p. 285) present the fairly overconfident attitude of the Arthur Andersen‘s (AA) leaders that characterized aggressive business development methods as the primary focus of the firm‘s audit function in the late 1980‘s: [A] key discursive feature of AA is the gradual ascendancy of commercialism, which allegedly undermined auditor professionalism. [...] Squires et al. (2003, p. 97) refer to the imagery of the tiger as a telling indication of an organizational climate that emphasized mercantilism: 30 Worried that increased business competition was eroding profits, some partners argued that Arthur Andersen had to adopt aggressive marketing strategies, like those used by Andersen Consulting, to stay viable, and at the 1989 partner meeting, the themes were profit and sales. The rock song ‗‗Eye of the Tiger‖ boomed from speakers, and a live tiger was brought on stage. The new head of the US audit division, Richard Measelle, declared that raising profit would ‗‗require the eyes of a tiger, eyes that seize opportunities, eyes that are focused on the kill. It‘s the eye of the tiger, it‘s the thrill of the fight‖. We can note that the perspective within Arthur Andersen had at that point considerably changed since Spacek‘s reign of the 1950‘s. ―[A] live tiger was brought on stage‖! This clearly reflects the fierceness that a once known to be professional and respectable firm had adopted and the reason of such aggressiveness was remedying to eroding profits. Gendron & Spira (2010, p. 285) add: The tiger metaphor contradicts the profession‘s historical ideals of auditor independence and public service, and is quite revealing about what is increasingly seen in the literature as the entrepreneurial mindset characterizing the firm‘s leadership. The divorce of Andersen Consulting from AA at the turn of year 2000 is also viewed as having increased the level of commercial pressure on AA partners, who suddenly lost an important source of revenue. In sum, commercialism was a significant part of the organizational environment in which individual identities evolved at AA and, [...] it often intervenes in interviewees‘ efforts at making sense of the firm‘s collapse. Up to this point, I have broadly described the ―takeover‖ by referring to the Arthur Andersen‘s demise which is certainly the most powerful example in hand to illustrate accounting firms‘ overwhelming desire for 31 commercial success and the types of issues which could emerge from such desire. However, Suddaby et al. (2007) somewhat extrapolate this overemphasized focus on commercialism as being present in all, once known, Big Five1 accounting firms. In fact, through their study on regulationand governance-related processes throughout accountancy profession, they observe that: Another important characteristic of professional governance is the myth of separating professional practice from commercial interest. (p. 337) As the large accounting firms grew in size, so too did they expand the range of services provided. Once the market for traditional audit services became saturated, firms became increasingly reliant on new services to maintain revenue (and profit) growth. (p. 340) More directly, however, representatives of Big Five firms adopted the economic rhetoric of their corporate clients, justifying their expansion to new business services as being in the best interests of the consumer, which ultimately is in the public interest (Suddaby & Greenwood, 2005; Willmott, Cooper, & Puxty, 1993). Conflating public interest with consumer interest is, perhaps, the clearest indication of the degree to which the social norms of professional governance had become displaced within the Big Five. (p. 344) In summary, a number of studies indicate that commercialism did at some point prevail in accounting firms, thereby reducing the influence of 1 ―In 1970 there were eight [...] firms but mergers in 1989 created the ―Big Six‖. The 1997 merger of Price Waterhouse and Coopers Lybrand reduces this to the ―Big Five‖ and the demise of Arthur Andersen has left the ―Big Four‖. The ―Big Four‖ refers to the four largest international accounting firms in the world and consist of Deloitte Touche Tohmatsu, Ernst & Young, PricewaterhouseCoopers and KPMG.‖ (Suddaby et al., 2007, p. 338) 32 professionalism. Profit was a key driver; and the emphasis was to please clients in order to ensure a continuous flow of profits. Aftermath In 2010, Gendron and Spira published a field-study research on the collapse of Arthur Andersen. A majority of their interviewees (i.e., former partners and employees of the firm) present commercialism as one of the main reasons of the firm‘s scandalous downfall. As the importance of commercialism (to the detriment of professionalism) only progressively gained influence within accounting organizations, the reality of its actual effects may not have been obvious within the firms. I insist on this gradual progression since it might have, through its process of application, attenuated the concerns and therefore eliminated part of the attention that it deserved to attract. As Wyatt mentioned, ―no one rang the bell‖! Gendron & Spira (2010, p. 296) further specify: [T]hrough the collapse of Enron the link between commercialism and audit failure gained significantly in reality in the eyes of a majority of our interviewees. It is as if an obvious scandal was required for auditors (but not all of them) to realize the shadowing power and reality-shocking presence of commercialism within accounting firms. As if the puzzle could only at the time of the collapse actually be completed. Was the auditing staff blinded or was the takeover too complex to identify its effects through the professional weaknesses created by commercialism? 33 Indications of blindness are found in literature, especially in auditors‘ endless desire of pleasing clients by developing imaginative justifications to support the clients‘ sometimes weak standpoint. Gendron & Spira (2010, p. 285) mention: Consistent with the view that commercialism exerted significant influence in the firm, [...] a number of AA auditors (including the interviewee) were imaginative in trying to find reasons for supporting their clients‘ standpoint on accounting matters, therefore casting doubt on the claim of auditor independence. Some interviewees view commercialism as having exerted a subtle (but significant) influence on the behaviour of Enron‘s auditors. Gendron & Spira (2010, p. 294) indeed state: [Some interviewees considered] that commercialism contributed significantly to the firm‘s debacle, believing that partners involved on Enron‘s account were influenced, more or less consciously, by the fear of losing the audit engagement. Again, the rivalry between AA‘s accounting and consulting areas is seen as a key factor in having engendered client fearfulness. Losing the client could reflect a weak performance for the leading partners in charge, and, through AA‘s aggressive commercialistic-driven culture, weak-performing leaders represent the prey for the Tiger! Extreme measures, such as exclusion from AA‘s partnership, and thus potentially ending one‘s professional career, were part of the treatment reserved for weak-performing preys to the eye of AA‘s Tiger. As explained by Gendron & Spira (2010, p. 296): Several of the partners that we interviewed highlight that underperforming partners in AA faced the very concrete 34 possibility of being banished from the partnership. Participants also mentioned that in the last few years preceding AA‘s downfall, partners were feeling literally ―squeezed out‖ by the firm‘s intense efforts to generate an increasing and unrealistic level of fee per partner. All of this suggests that individual partners in large accounting firms are not considered as owners, but instead as managers in charge of individual profit centres (i.e., their ―client portfolio‖). This representation of daily life within large accounting firms is far remote from the golden age representation discussed above. At the very least, commercialism is a serious concern, not only for academics as object of study but also for practitioners given the detrimental consequences it can generate. One obvious question is the extent to which post-Enron regulation was successful in reining in the ascendancy of commercialism within accounting firms. Corrective measures Several studies agree to say that the new sets of rules swiftly adopted in the aftermath of the Enron debacle are nothing but a start towards concrete salvation of the problematic issues at stake within the accounting profession. As Toffler (2003, p. 249) states: Arthur Levitt‘s [(from the SEC)] challenge to the accounting industry to separate most audit and consulting services is now largely a fait accompli, thanks to the Sarbanes-Oxley Act. Yet it hasn‘t gone far enough. Still not included in the new rules is a restriction on much of the kind of consulting that Arthur Andersen fell under the heading of risk management and litigation support services. Having experienced it firsthand, I believe that the pressure to sell consulting services may have been the single most powerful factor in creating this culture of greed. Make the audit work for the client so it will stick with you and then buy more consulting services; put your consultants against one another so they will do anything to get the engagement; create needs in the client that don‘t exist, then provide services to meet those 35 needs; turn your partners into salespeople instead of careful analysts, and pray the God of revenue. The new regulations are a good start, but we have a long way to go. Indeed as presented by Toffler‘s previous excerpt, separating audit and consulting services is just a good start because modifying the culture and the greed built-in accounting professionals is a very difficult challenge. Wyatt (2004, p. 51) supports this by logically indicating that ―behavioral changes that have evolved within firms over the past 30 years‖ will obviously not be solved with one simple addition to the set of rules that govern accounting practice. Wyatt (2004, p. 51) mentions: The passage in 2002 of the Sarbarnes-Oxley legislation will help establish boundaries on the scope of nonauditing services, and it should improve the qualification for audit committee members (among other provisions); however, the underlying causes of the decline in accounting professionalism remain in place. The leaders of the various firms need to understand that the firm‘s internal culture requires a substantial amount of attention if the reputation of the firm is to be restored. No piece of legislation is likely to solve the behavioral changes that have evolved within firms over the past 30 years. Finally, Gaa (2007, p. 34) argues that the regulatory process is probably not the exclusive type of solution necessary for three reasons that he explains as follows: There are several reasons why this legalistic compliance approach, even if it specifies necessary conditions, is not sufficient for guaranteeing that an auditor will protect the interests of investors […]. First, no set of rules is complete […]. Second, the world changes over time, and rules generally change only in response to problems. That means that they are nearly always out of date, at least to some extent […]. Third, even though the independence rules are intended to work for the benefit of investors, compliance with 36 independence rules does not guarantee that auditors (acting in accordance with them) will in fact protect investors‘ interests. The role of protecting the interest of investors cannot be regulated through a ―legalistic compliance approach‖, according to Gaa. Drawing on my literature review, it is reasonable to maintain that the role of auditors in our present economy is questionable due to the detrimental effects of commercialism within accounting firms. The Enron-Andersen case has been interpreted as ensuing from the excessive embracement of mercantilism within accounting firms. Further, doubts are raised regarding the effectiveness of post-Enron regulation in reducing the powers of commercialism in the profession. Assessing the extent to which commercialism exerts influence today undeniably constitutes a relevant research endeavour. 37 METHODOLOGY AND ASSUMPTION The purpose of the section is to present the study‘s assumption and the type of approach utilized in order to investigate it. In particular, I expose the different methodological steps followed to carry out the research: the recruitment and description of the subjects, the data collection done through the interviewing process, the analysis of the data gathered and finally the limitations associated with the study. Assumption and approach The aim of this research is to assess, in a post-Enron context, the extent to which commercialism exerts influence on accountants‘ professional practice. As presented through previous academic literature, the presence of commercialism within accounting firms‘ environment is often understood as having provoked serious issues throughout the accounting profession (e.g., the Enron-Andersen debacle). Drawing on doubts expressed by some researchers regarding the effectiveness of post-Enron regulation, my personal assumption is that the commercial features within accounting firms have not disappeared. Moreover, I assume that mercantilism has considerably evolved in a way of maintaining its often subtle influence over the profession. Having demonstrated that certain risks are likely to emerge from an overemphasized commercialism within the accounting profession, we can easily justify the relevance of the present study. As it will be shown in the subsequent chapters of the memoire, my assumptions are fairly consistent with the empirical findings. Regarding the approach utilized, my goal was to specifically concentrate my efforts in collecting fresh ideas and perceptions of professional auditors towards 38 the dynamic of the market in which they practice. Gendron & Spira (2010) expressly indicated the lack of knowledge with regard to the tensions between commercial logic and the professional logic within accounting firms in the post-Enron era. The analysis technique I chose to retain in order to lead the present research is a qualitative based approach. As Gendron (2009, p. 124) indicates: I […] stress the relevance of conducting qualitative research on accounting and corporate governance phenomena, in spite of the publication pattern of several dominant accounting journals, which indicates resistance toward deviation from quantitative orthodoxy. [...] The relevance of studying accounting in action — typically using qualitative methods — has been underlined by a number of accounting researchers since the 1980s. [...] In sum, qualitative research constitutes a relevant research method in the development of better understandings of complex accounting realities and processes. The commercialism issue at stake in the present research specifically refers to a relatively complex reality of the accounting profession. The interview process was explicitly aimed to be adaptable to the particular avenues of discussions. The ambiguity and flexibility surrounding the tension between commercialism and professionalism, and the ways used to resolve emerging dilemmas, obviously call for methodological ―openness‖. Moreover, Gendron (2009, p. 130) adds: [Q]ualitative research is a relevant and legitimate mode of inquiry. It can provide thick descriptions of new phenomena; it can develop or refine theories about accounting and governance in action; and it can sensitize academics to the realities of practitioners and allow meaningful case studies to be developed for teaching purposes. In the following sections I develop more specifically the methodology used to deploy this qualitative research. 39 Method A main feature of the present study is to identify and analyze the possible ways that auditors and their firms employ to control the commercial aspects of their auditing services. Through my personal practice as an auditor I realized that questioning directly auditors on the influence of commercialism may not be productive, commercialism and impairment to independence being often considered taboos. Hence I thought that a focus on control mechanisms, along with meeting individually with these professionals, would be more likely to generate interesting discussions. To carry out the investigation I proceeded via semi-structured interviews with professional auditors. According to Power (2003), there is very little of what is now called ―fieldwork‖ in auditing and one reason for this is that professional service firms are hesitant ―to provide research access to client data and live audit assignments, although this is more often assumed than demonstrated‖. ―Because the largest accounting firms operate as private partnerships, relatively little is known about their governance structures‖ (Jenkins, Deis, Bedard, and Curtis, 2008, p. 58). Through my personal professional networking, I had the privilege of obtaining interviews with professional auditors from diverse firms. Therefore we can say that a number of auditors ―agreed to participate in the field research, thereby allowing me to look beneath the surface of audit practice into the ―blackbox‖‖ (Power, 1994, p. 304). In order to manage the interviews properly and ensure preservation of my relationships with the interviewees, there had to be a certain level of trust exchanged between the interviewer and the interviewee. As Gendron (2002, p. 661) states: The field study was chosen as the preferred mode of investigation since this method allows the investigator to examine the conditions in which a phenomenon of interest occurs […]. The field study method is also likely to enhance 40 the researcher‘s ability to build relationships based on trust with interviewees, thereby making them more willing to freely respond to questions […]. Building trustworthy relationships with interviewees was critical to the present research since auditors may be reluctant to discuss sensitive issues such as the firm‘s practice development strategy and partner-compensation scheme, as well as the clientacceptance decision per se [...]. Studying the conditions in which a social phenomenon occurs is a complex and challenging goal. With regard to this study, analyzing how commercialism (social force/phenomenon) is to be manifested according to human subjects (practitioners within accounting firms‘ audit functions) is not something that can rigidly be approached. A dynamic and flexible process therefore needs to be deployed: in my case interviews centred on auditors‘ perceptions, opinions and personal experiences regarding the control of commercialistic forces. Also, if we wish to eventually enhance the processes and controls relating to commercialism within accounting firms, it is relevant to obtain views of people involved in these important organizational processes, as the present study aims to do by interviewing practitioners. Further, this way of representing the pragmatic purpose of my research may have helped in establishing trustworthiness in the eyes of interviewees. I nevertheless concede that group interviews and general anonymous surveys could have been pertinent data collection methods. Nonetheless, I personally believe that highly relevant data would unlikely have been gathered through a survey, given the inherent lack of flexibility in capturing rich and unpredictable data. Survey questionnaires are inescapably directed in ways which favour certain angles to the detriment of others. Group discussions were also not to be privileged since the presence of other professionals in the same room would, in all likelihood, have considerably limited the openness level of each participant. 41 Recruitment and data collection I approached (through e-mail and/or telephone) approximately 15 professional accountants with auditing experience (mostly in the province of Québec) to participate in the research. A number of these individuals were persons of my personal and professional acquaintance. I ended up interviewing 13 subjects from which three were not at the time external audit practitioners (see Table 1); the latter however respectively had significant previous auditing experience at two different Big Four firms and one medium size firm. According to Cooper & Robson (2006, p. 416), ―[a]ccountants working in industry have a different sense of their responsibilities than those working in large firms, who again have different values than those who work in smaller public offices or those in the public, voluntary or community sectors (Hastings & Hinings, 1970)‖. Encouraging the participation of some former auditors was relevant, given that they may be able to benefit from temporal distance in reflecting on their audit firm experiences. Life experiences in smaller firms may also be significantly different from those in larger firms. I had the privilege to interview men and women of different experience levels in auditing. From the 13 subjects, eight had their audit experience within three of the Big Four firms and five from four different medium size and small audit firms. Seven of the interviewees were at partner level. With regard to the three subjects who were not practitioners within audit firms at the time of the interviews, they respectively have 3, 12, and 14 years of auditing experience. The audit experience level of the other ten interviewees is high, varying from eight to 31 years. As we can realize the subjects with whom I had the opportunity of exchanging through these 13 interviews are very well experienced professionals who had a lot to say on auditing, business and the relationship between the two. In fact the average number of years of experience accumulated by the subjects who participated to the research, for general business 42 experience and for specific auditing experience, is respectively 20.9 years and 16.8 years. I began each interview by describing the objective of the research and by introducing an informed consent form (see Appendix 1, in French), which both the interviewer and interviewee needed to sign. The academic institution through which I proceed for the current study has established rules that I have to respect when approaching human subjects through my research project. These rules imply that before approaching any human subjects, I previously needed to obtain the approval of an ethics committee to which I had to submit in-depth documentation of my research method and goals. Through this documentation, one of the things I had to explain was specifically how the data was going to be cautiously manipulated throughout the project and after. I obtained the approval from the ethics committee on June 29th 2009. I could only then start approaching potential interviewees for the data collection process that went on until the beginning of December 2009. I asked interviewees for permission to tape the interview, while emphasizing that complete anonymity would be provided to them and their current employing organization. Full transcripts were made for each of the interviews. Participants were told that they would have the opportunity to subsequently verify the accuracy of the transcript and add changes that they feel might be needed to make them comfortable with what they said during the interview. Only three out of the thirteen subjects brought changes to the transcripts; all of these changes were minor and had no significant effect on the analysis of the collected data. Several steps were taken to protect the identity of interviewees. First, I do not disclose office identification. Second, in the text I do not link interview excerpts with the corresponding individuals. Instead I use the following categories when defining sources of quotes: active/former, 43 partner/senior manager/manager. These categories refer to the interviewee‘s status at the time of the interview. The interviews were held in semi-structured mode and in most cases at the working premises of the interviewees. As mentioned by Gendron (2002, p. 668): [I]nterviews, […] are recognized as particularly effective when the researcher is interested in in-depth responses from a relatively small number of interviewees (Palys, 1992, p. 166). The interviews were semi-structured to allow interviewees to express themselves according to their own systems of meaning (Deslauriers, 1991, p. 36). The length of verbal interviews ranges from 45 to 100 minutes through which diverse themes related to commercialization and control were discussed. After having settled the administrative part of the interviews, I presented to the individuals a list of questions that would help guide the discussion (see Appendix 2, in French); I did not necessarily follow the sequence in which the questions are listed. Specifically, the interviewee was first questioned on her/his professional experiences. Afterwards, I was interested in knowing their general perception of the market dynamic for auditing services, and if their perception had changed in the post-Enron era. I also asked about their general perception of the competition level between firms with regard to business proposals for audit engagements, and if they thought competitive rivalry is a good thing in the financial audit domain. In particular, I wanted to hear the subjects express themselves towards their audit firms‘ governance and control system (including promotion mechanisms), especially their views on the extent to which commercialism is adequately controlled within their firm. Participants 44 were also questioned on sources of commercialism (whether the pressures engendered by competitive rivalry are stronger than the internal pressures within the firms in trying to attain good financial results on the audit engagements), the low-balling approach, and regulation which seeks to control commercialism. Method of analysis I used a flexible analysis method and started by a general categorization of the statements gathered. As mentioned by Miles and Huberman (1984, p. 22): From the beginning of data collection, the qualitative analyst is beginning to decide what things mean, is noting regularities, patterns, explanations, possible configurations, causal flows, and propositions. The competent researcher holds these conclusions lightly, maintaining openness and skepticism, but the conclusions are still there, inchoate and vague at first, then increasingly explicit and grounded. Patton (1990, p. 372) added: The problem is that […] there are no absolute rules except to do the very best with your full intellect to fairly represent the data and communicate what the data reveal given the purpose of the study. [...] However analysis is done, analysts have an obligation to monitor and report their own analytical procedures and processes as fully and truthfully as possible. I did not use any particular program or tool to proceed with the categorization of the comments read through the transcripts. In fact, I first proceeded in identifying general themes of discussion that were emerging from the interviews. I identified 13 different themes: 45 Competition between audit firms Business development in auditing Making audit engagements profitable Pressures from the clients Distinguishing the Big Four from the other firms Distinguishing publicly owned clients from the other clients Distinguishing professional auditors from the other professions Low balling approach Necessary evil Mysterious role of auditing Auditing standards Ascension in the audit firm Possible solutions I utilized an iterative process to identify these 13 themes through multiple and extensive reading of the transcripts. Practically speaking, I created a file for each theme identified and I proceeded to in-depth readings of the transcripts for each interviewee from which I copy-pasted each relevant passage relating to the selected themes in the created corresponding file. I was aiming to gather opinions that went in the same direction to advance identification of general patterns on the issue by the interviewed practitioners. I was keeping in mind through all this analysis process my ultimate goal. My goal is to appreciate, from the subjects‘ points of view, the extent of commercialistic influence in the post-Enron era. Through advancement of the analysis, I ended up narrowing down the 13 themes into two main topics: pressures ensuing from the auditors‘ desire of being perceived as commercially effective and pressures ensuing from 46 the auditor‘s desire of privileging the clients and remaining competitive in the market. While the gist of my analysis aims to identify indications of commercialistic influence, I nonetheless sought to take into account ideas expressed which opposed my working assumption – and the analysis chapters below will present some evidence on the matter. Right from the start, I was also aware of a potential bias on the part of interviewees. As mentioned earlier, most of the participants were auditors at the time of their interview. Oftentimes they presented confident views of the profession and a profound belief that commercialism is currently under control in accounting firms. Importantly, I interpreted such statements as frontstage representations – unless some convincing evidence or anecdote is provided by the interviewee. I often recognized through the course of the interviews that many participants actually stated the common behaviours of auditors as the ones promoted by the codes of ethics or audit regulators. These statements were communicated in a very idealistic manner while, on the other hand, when some of these interviewees were exposing genuine examples, they explicitly demonstrated how commercialism generated significant risks. It can be added that three of the subjects were not auditors at the time of the interviews and thus, their comments were probably free of bias since they had nothing to lose and were not under the ascendancy of their accounting firm indoctrinating mechanisms (Gendron and Spira, 2010). Indeed, I could recognize that former auditors seemed keener in disclosing some relevant risks emerging from commercialism within accounting firms‘ audit functions while current auditors were significantly more reluctant regarding such openness. 47 DATA ANALYSIS This section is designed to offer a straightforward examination of the empirical results ensuing from the data regarding the present study. I would like to remind that my general approach through this research was to openly discuss the ―business facets‖ of auditing with professional audit practitioners in order to establish their appreciation towards these facets in the post-Enron era. The collected data suggests that these ―business facets‖ currently play an ongoing significant role in the audit setting within professional accounting firms and, at this point, my goal is to expose the ground of discussions through which I could reveal such suggestion. As mentioned earlier, there are mainly two axes of analysis, the first one principally relates to the pressures ensuing from the auditors‘ desire of being perceived as commercially effective (section 2 below) while the second axe of analysis will concentrate on the pressures ensuing from the auditor‘s desire of privileging the clients and remaining competitive in the market (section 3 below). 1- General aspects Before developing the core sections of the empirical analysis according to the two axes identified above, I will briefly introduce how the subjects of the study very generally appreciated the existence of commercially driven pressures throughout the profession; at that point I will also define ―pressure‖ in the sense of the present paper. Moreover, I will briefly show how subjects perceived the importance of commercialism and its negative effects on the profession and on the protection of the public. I will then present how regulators have sought to contain these commercialistic forces; doubt can nonetheless be cast on the extent to which regulatory mechanisms can indeed fully reach their objectives. 48 Through these topics, I seek to set the stage for the core part of my analysis. 1.1- Existence of commercial pressures? ―Audit has always been a business‖ (Power, 2003, p. 382) and ―during the 1980s and 1990s the audit approaches of the large firms changed and evolved as economics of auditing became more sensitive‖ (Power, 2003, p. 382). According to Power‘s comments, it would be consistent to expect that the subjects of the study will corroborate the existence of a certain commercial pressure throughout the auditing practice. Along this line of thought, I will present the outcome of a general question that was asked through the interviews and that helps introduce the empirical findings. That question was: ―do you find that there is a commercial pressure evolving around auditing services?‖ Several excerpts expressly relate to the existence of such mercantile pressures: Effectively, yes. As I always say, we are in business and we are in business to make money. (ACTIVE PARTNER, OCTOBER 2009) 2 […] Of course in auditing there is an important pressure linked to the recurrence of the service. […] Of course there is a pressure on the profitability performance, but it is a pressure to say like any other [business], that we have to do better, but never to say not to do what needs to be done. (ACTIVE PARTNER, OCTOBER 2009) Absolutely! [...] It‘s always going to be like that [...] it‘s about the performance rate of the engagement. (ACTIVE SENIOR MANAGER, OCTOBER 2009) 2 For the data collection of this study, the interviews were held in French, and therefore, all relevant interviews’ excerpts were translated in English for the purpose of this memoire. 49 It is obvious! […] The process starts from a time budget for each engagement. […] [E]ffectively it puts a pressure. (ACTIVE PARTNER, OCTOBER 2009) There is a pressure to increase the rates [of profitability], it‘s a structured pressure intended to be pushed down to the staff. (ACTIVE PARTNER, OCTOBER 2009) These previous extracts indicate that the logic of commercialism is often recognized as being matter of fact by professional auditors within accounting firms. Many statements include expressions such as ―of course‖, ―absolutely‖, ―it is obvious‖, ―always‖ to characterize the presence of commercial pressures; these expressions fairly substantiate how impregnated these pressures are within the audit practitioners. Furthermore, these expressions potentially reflect the absence of doubt towards the being of such pressures in the ―business‖ of auditing. These pressures will furthermore be analyzed throughout the following sections. Indeed, a major purpose of this study is to evaluate to what extent these pressures influence auditors‘ behaviours and how do these pressures manifest themselves through the audit practice in our post-Enron era. 1.2- What is pressure? What is pressure in the context of professional auditing practice? How is it manifested, encouraged and controlled? Does it impact the quality or the profitability of the services? The present study is designed to shed some light with regard to these questions. Ordinarily, pressure is the effect of a force applied on something or someone. In our case, pressure can be understood as a social force applied on the organizations, or a social or self-generated force applied on the individuals. 50 Very generally speaking, I suggest that a common factor associated to pressures in profit oriented organization (including accounting firms) is the aim of getting the job done with the least amount of time; this usually means using less resources, incurring less costs and therefore, generating more profits. In fact, ―[e]ver since scientific management guru Frederick Winslow Taylor started timing assembly-line workers with a stop-watch in the 1800s, there‘s been a push to work faster‖ (Penttila, 2003 p. 1). Penttila (2003 p. 1) adds that ―[f]or small companies, the pace of keeping up with the competition "is pushing very hard on everybody, from management all the way down," [...] seeing employee complaints over retention and job satisfaction as a result. [...] [Also,] focusing too much on pace increases error and turnover rates.‖ At this point, without explicitly linking the ―pressure‖ topic to auditing practice, Penttila‘s comments suggest a certain setback regarding the application of pressures within the working environment in general. Through this study the aim is to appreciate, from a practitioner‘s point of view, the description and effects of pressures ensuing from commercialistic features in the post-Enron audit scene. More specifically the aim is to investigate, in our post-Enron era, the significance of these pressures, as well as their evolution towards audit practitioners wanting to be perceived as profitable within professional accounting firms and wanting to privilege clients and maintain a decent positioning in the financial audit market. 1.3- Commercial pressures and its effects In this section, I will briefly discuss interviewees‘ appreciations of risks and dysfunctional behaviours possibly emerging from commercialism in order to set the relevance of the studied topic. I will also suggest that the general reduction of audit quality articulated through dysfunctional behaviours in response to mercantile forces is not constrained to the past 51 but remains valid in our post-Enron era. Today‘s auditors are often confronted to dilemmas and sociological ambivalence situations, in which trade-offs between cost and quality are centerpiece. As indicated by a former partner from a small firm: My worry is that […] as soon as the issue is more financial than professional, whether we like it or not, there is a risk. (FORMER PARTNER, NOVEMBER 2009) I asked how the risk could manifest itself and he replied: Through the decrease of [work] quality, through the risk that the auditor lacks of pure independence, and the risk that the engagement does not undergo the required quality control stages […]. It is a risk that could exist, and that could not exist. However, unfortunately, as soon as you try to unite profitability and internal [quality] control, it is two things that do not bond together. (FORMER PARTNER, NOVEMBER 2009) According to the interviewee it is clear that commercialism incurs potential hazards in the auditing practice. S/he suggests commercial pressures translating into important risks within the context of audit engagements. Another former Big Four auditor explained that in the dayto-day operations pressures often ensue from views imposed by partners: Well it is like having a 60-hour engagement that has to be finished in 20 hours without lessening the quality [of the work]. (FORMER MANAGER, OCTOBER 2009) 52 Interestingly enough, the interviewee substantiates this general comment through reference to a specific situation he went through, in which he had to devote an enormous amount of hours in a short period of time to resolve a problem in an audit engagement: [I]t took a lot of time and my mood wasn‘t good, because whether you like it or not, it is your fault. But every employee is different and that is why I had to come in starting at 3:00am, because it stressed me, I did not want anyone to criticize my work. [...] I wanted to reach my targets and deliver the merchandise without cutting the corners short. That was me. Others could have said ―ah it‘s ok‖ [...] and that‘s it. It‘s a tricky situation because at the end you can look bad [because of all the hours spent] but if you cut the work short, maybe no one will notice and that‘s it. (FORMER MANAGER, OCTOBER 2009) This excerpt is a remarkable example of pressure, which is powerful enough to motivate the individual to go in at 3:00am. It also indicates that pressures are sustained differently by each individual; others do not bother as much with quality in concluding ―ah it‘s ok‖. These previous interview excerpts suggest that pressures to perform financially can lead to dysfunctional/neglectful behaviour jeopardizing the protection of the public. We can therefore observe that ―economic survival, from a shortterm horizon, may push the firm to reduce the time (i.e. cost) spent in completing an audit‖ (DeAngelo, 1981a, b). Yet quality concerns push in the opposite direction, driving firms to invest greater amounts of time (Mautz & Sharaf, 1961; Holmstrom, 1984; McNair 1991). Speaking of quality, more recently, Coram et al. (2008) have studied the moral intensity of reduced audit quality (RAQ) acts and they have concluded that these RAQ acts are deemed unacceptable practices as they diminish the quality of audit work and increase the likelihood of an inappropriate audit opinion. These authors maintain that anecdotal and 53 empirical evidence indicates that RAQ behavior does occur, and the audit profession faces a significant challenge to identify ways to reduce or eliminate this behavior. As shown below, my analysis suggests the ongoing continuance of ―dysfunctional behaviour‖ in audit settings – despite regulatory initiatives and the reputational concerns that large firms are alleged to have subsequently to the collapse of Arthur Andersen. These behaviours can, according to some authors, manifest as under-reporting of chargeable time, shifting of time between clients and within budget categories, and premature signoff (Kelley & Margheim, 1990; Choo, 1986; Margheim & Pany, 1986; Alderman & Dietrich, 1982; Lightner et al., 1982a, b; Gaertner & Ruhe, 1981). These dysfunctions, often linked to RAQ acts, are assumed to ensue, at least partially, from commercial pressures that are often inconsistent with a professional focus on quality. As stated by McNair (1991), providing a service for which quality, except in times of extreme failure, is difficult to measure can create a dilemma for the professional executing the work (Wilson & Grimlund, 1990; Holstrom, 1984; Allen, 1984b; Mautz & Sharaf, 1961). Indeed as stated in McNair (1991, p. 637): Holstrom (1982, 1984) formulates his model in a setting where there are defined cost and quality tradeoffs [...]. Descriptive of the context of auditing, this cost/quality tradeoff appears to create an inherent dilemma for the public accounting firm (Chow et al, 1988). It seems like a compromise between commercialism (cost reduction) and professionalism (quality of the work) is required to take action. ―The question that remains, though, is how this area of compromise, or judgement, is defined within the organizational boundaries of the audit firm, and subsequently conveyed to the individual audit staff member‖ 54 (McNair, 1991, p. 637). Are they proper compromises (McNair, 1991)? Through the present empirical analysis, the appreciation of the professional auditors will try to provide some light on the matter, in assessing the extent to which individual audit staff is influenced by commercialism in the post-Enron era, and how. One interviewee stated: [A]t one point you take a turn, you realize that quality costs money and that you are no more competitive in comparison to your environment. Quality is always important but it cannot be the most important. It has to be considered as a whole. There has to be cost-benefit analysis according to your evaluation of the risk. (FORMER SENIOR MANAGER, OCTOBER 2009) His statement stresses that professional auditors inevitably are confronted in making certain compromises related to commercial (or mercantile; or economic) aspects even in this post-Enron era. Indeed, the excerpt implies that commercialism can genuinely take over professionalism in the auditing domain through certain compromises. As Power (2003, p. 382) specifically stated: [T]his makes auditing profoundly ambivalent because the acute compromises that the auditor is forced to make as an individual are rendered invisible. Without suggesting any further empirical findings relating to the sociological ambivalence, it might be relevant to remind the general concept that underlies the present topic of discussion. If we consider Power‘s statement and look back at the preceding interview excerpt, we can picture an invisible compromise internalized by auditors which 55 potentially leads to cost/quality tradeoffs according to their risk assessment. McNair (1991, p. 644) also said: Sociological ambivalence [...] denotes the situation where an individual appears to be pulled in psychologically opposite directions. Specifically, ambivalence occurs whenever conflicting signals about desired behaviour are generated by the organization‘s management control system (McNair, 1991), such as budgeting or promoting processes. These two control mechanisms will be presented below as playing a key role in promoting commercially-driven processes within accounting firms. McNair also added: Sociological ambivalence appears to be in an inherent part of the audit setting, yet, given the fact that this embedded dilemma is only communicated through informal mechanisms (e.g. norms of performance and evaluation), the problem passes from the firm to the individual auditor for resolution (McNair, 1991, p. 645) [and ultimately, individual auditors are forced to internalize and resolve this dilemma through time budgeting and reporting process (Power, 2003, p. 382)]. An ―ah it is ok‖ attitude can specifically reflect this kind of internalization. In fact, auditors facing simultaneous professional and commercial challenges might experience such ambivalences and conflicting dilemmas that plausibly incur unwanted elements such as RAQ acts (dysfunctional behaviours) or budget overruns‘ absorptions. On the one hand, these RAQ acts may not be caught and therefore the protection of the public is at stake. On the other hand, the budget overrun may considerably undervalue the important efforts deployed by the auditor and jeopardize how s/he will be judged in the performance measurement process. These statements amplify the relevance of 56 studying professional auditors‘ appreciation towards commercial facets related to the audit practice. 1.4- Regulation and issue cycle Many regulatory initiatives have been established, in the aftermath of the collapse of Arthur Andersen, to control and eliminate dysfunctional behaviour jeopardizing the protection of the public through the audit practice. Have they improved the situation? Regulatory agencies work to ensure adequate governance of audit practitioners; in the past decade, their regulating activities were severely triggered by the financial debacles. As stated by Charles et al. (2010, p. 18): In the wake of Enron, WorldCom, and other perceived audit failures, the Sarbanes-Oxley Act of 2002 and the Public Company Accounting Oversight Board imposed additional restrictions on nonaudit services that audit firms can provide to their public company audit clients. Three of the Big 4 firms sold off their consulting practices between 2000 and 2002. [...] In the years leading up to and during the crisis, the accounting profession faced a long list of criticisms including: focusing too much on nonaudit services provided to audit clients; rewarding partners more for new business and increased revenues than for quality audits [...]. This excerpt is presented not only to expose some of the regulators‘ work, but also because it shows how the measures adopted by regulators in order to remedy the problematic situation are intimately linked to some commercial aspects of accounting firms. In fact, when referring to regulation restraining the scope of nonaudit services that auditors can offer to their audit clients, or to add regulation attempting to attenuate the effects of audit partners‘ new business development on their respective retribution and performance measurement, the regulator seeks to rein in the ascendancy of commercialism within accounting firms. When adding 57 new rules regulators and accounting bodies often claim that they seek to protect the public interest. Commitment to the public interest is rhetorically paramount, as indicated in the following regulatory organizations‘ missions and visions: Canadian Institute of Chartered Accountants: ―Adhering to high professional and ethical standards is the way the CA [(Chartered Accountants)] profession fulfills its mandate to act in the public interest. It is a mandate that has defined us for over 100 years and one that we take very seriously‖ (CICA, 2010). The American Institute of Certified Public Accountants (AICPA) and its predecessors have been the voice of the accounting profession since 1887. The AICPA prides itself on its serving the CPA profession and the public interest to which it is profoundly committed. AICPA members work in all sectors of the business and financial services profession, including Public Accounting, Financial Planning, Tax, Business & Industry, Law, Consulting, Education and Government. (AICPA, 2010) Institute of Chartered Accountants of England and Wales: The Institute is responsible for protecting the public by ensuring that members maintain the highest standards of professional conduct and competence. (ICAEW, 2010) These are the accounting bodies in charge of governing financial auditing practice in Canada, in the United States and in the United Kingdom. All three explicitly refer to the public‘s interest or the protection of the public in their respective visions. The claim of protecting the public also permeates the discourse of accountancy‘s regulatory overseers. For instance, the following is found on the website of the Canadian Public Accountability Board (CPAB): ―CPAB‘s mission is: To contribute to public confidence in the integrity of financial reporting of public companies in 58 Canada by promoting high quality, independent auditing‖ (CPAB, 2010a). ―During its first six years of existence, CPAB has made a significant contribution to the audit sector in Canada. From a standing start, it moved quickly to staff up with subject matter experts and implemented an inspection methodology which added considerable value to the audit firms of public reporting issuers. Driven by a culture of integrity, commitment and collaboration, CPAB has demonstrated an ability to perform on a major stage and has much to be proud of‖ (CPAB, 2010b). We can generally observe that the accounting and regulatory bodies expose very rigorous and extensive aims in preserving the public‘s protection in the financial sphere. Moreover, we can also denote that some of these organizations, as exemplified by CPAB, are proud of their alleged achievements in strengthening the governance of financial auditing in the post-Enron era. Are these rhetorical claims well-founded? Is commercialism actually under control in the field? In the aftermath of the Enron‘s collapse, accounting bodies and regulatory organizations have renewed their commitment to protecting the public through a diversity of claims, new regulation and policy. As discussed earlier, some of the regulators‘ important changes aimed at restraining commercial facets in the audit practice. Therefore, the degree of commercialistic influence in the post-Enron audit practice will, to some extent, allow the assessment of the regulatory bodies‘ effectiveness with regard to the changes they wanted to implement in the profession. Can we consider, in the same way that tax experts find legitimate loopholes to increase the value of their work, that auditors will be pushed to find further ways to construct opinions or facades of opinions – which commonly seek to protect the public – by executing the least work possible (or the least billable hours possible; or by affecting the less experienced professionals to the task) in trying to increase the 59 profitability of their auditing services? Again at stake is the dilemma leading to cost/quality tradeoffs and potentially to weakening of public protection… Many interviewees stated an interesting point regarding the goals of Big Four accounting firms: in the first few years following the collapse of Enron the firms were very interested, at the very least on paper, in improving the quality of the audit work. That is, they were trying to enhance the audit procedures and its documentation; they were trying to increase the quality of the audit opinions. The emphasis on quality probably ensued from the Enron effect of upsetting the auditor‘s reputations. Today, these firms have reportedly taken a very different trajectory that aims to improve efficiency and the economics of audit engagements. This alteration apparently took place when the economy was not going well and clients were looking to reduce all costs including auditing costs. This general appreciation illustrates a significant change between the Enron event and today. While just after the Enron‘s scandal the pressures seemed to be directed towards quality (professionalism) of the work, it tended afterwards to shift towards efficiency and cost reduction (commercialism). Can we identify a cycle of professional auditing diligence, in that immediately after scandals professionalism tends to take the lead and after an uninterrupted unruffled period, commercialism subtly takes over? This is consistent with ―issue-cycle‖ theory as elaborated by Moore et al. (2006, p. 20): Accountants did not declare that they wanted to be free to make as much money as possible by offering as wide a range of profitable services as possible. Rather, they cloaked their claims in the ideology of the free market and economic efficiency, as in a now-famous letter from Kenneth Lay, then chairman of Enron, to Arthur Levitt, then chairman of the SEC, explaining why Andersen should be allowed to continue offering both auditing and consulting services to Enron. [...] Thus, issue-cycle theory suggests a definition of prudent long-term political advocacy for interest groups: 60 good advocates know where they are in the issue cycle. These advocates capitalize on opportunities to push hard for regulatory advantages in benign environments where they can fly below the radar screens of potential adversaries. Good advocates also know when it will be difficult to hide under rhetorical smokescreens and when to back off before triggering scandal and backlash. Finally, when thinking about the dynamics of issue cycles, it is critical to consider the political psychological nature of the most common target of special interest influence: our legislative system. This quote indicates how auditors and their regulators might in fact react at length immediately after a critical pass but that the lessons emerging from these times of crisis seem to fade away overtime (Architzel, 2009). Thus, auditors over time ―get back at their business‖ – or should I say, find the legitimate loopholes – and put aside the critical aspects and the ongoing enhancements necessary to ensure the satisfactory professional accomplishment (protection of the public) of their practice. Once again the suggested pattern of the issue-cycle illustrates the unceasing force of commercialism that obstinately craves to takeover professionalism. Up to this point I have discussed that, according to the subjects of this study, commercialism generally shows a significant influence, and often a negative one (e.g.: RAQ, etc.), towards the professional audit setting. Moreover, I have discussed that this influence may have an effect on the protection of the public which is the regulators‘ main focus and which, according to my present analysis, remains a current issue that persistently and dynamically deserves meticulous attention. In the remaining part of this memoire, I will expose two major mechanisms through which commercial features exert influence on the audit setting: practitioners‘ desire of being perceived as profitable and practitioners‘ desire of privileging the clients. 61 2- Perceived as profitable In this section my goal is to expose what the study‘s interviewees recognize as pressures which act on and stimulate one‘s desire to be perceived as economically effective. I will first present some features, identified as ―business aspects‖ as revealed through data analysis, that illustrate how mercantilism can impact the audit setting. The illustrations involve certain commercialistic tensions in the field: rapidity vs. risk management in completing audit engagements, growth of the business volume vs. profitability of the business, and pricing vs. budget overruns of audit engagements. I will then examine how firms, according to interviewees, monitor the profitability level of practitioners through a few financial indicators: the recuperation rate and the hourly recuperated fee. I will then expose how interviewees describe the organizational processes (budgeting, performance measurement) through which these financial indicators are monitored and therefore, how the articulation of the pressures is driven within accounting firms. Finally, I will discuss certain effects, as revealed through the interviews, ensuing from the firms‘ stimulation of profitability pressures that threaten audit quality. 2.1- Business aspects How is commercialism experienced in day-to-day audits? As mentioned by one partner: The goal is to complete the engagements as rapidly as possible while respecting our auditing standards and managing our risk; that is our game. […] So there is like a balancing effect to manage between these factors. (ACTIVE PARTNER, OCTOBER 2009) 62 In this excerpt the partner underlines two major aspects related to commercialism in the audit setting: rapidity and risk management. With regard to rapidity, and as generally argued above by Penttila (2003), Stettler (1970, p. 430) stated: [T]he pressures to complete a job within the time estimate […] is a significant aspect of public accounting […]. The pressure is always present and is often severe. Even to the extent that promotion or professional success will usually hinge on whether the accountant can work fast enough to keep within the time estimate. If an auditor had to invest eight additional hours of work in order to considerably diminish the audit risk, one can expect that the additional work will probably get done. On the other hand, if an auditor had to invest 80 additional hours of work in order to diminish (by a little or by a lot) the audit risk associated with the engagement, one can potentially doubt the execution of the additional work, or at least expect the emergence of a dilemma in executing or not executing the additional work. Should rapidity or risk containment be favoured? Another interviewee expressed a tension between growing revenue versus securing profitability: [I]f I only operate weakly profitable engagements, surely there is a problem. Thus, that is the equation to manage between the growth of business and its profitability. We can easily triple our revenues; with a weak profitability it does not mean much. (ACTIVE PARTNER, OCTOBER 2009) Commercialism is translated as a tension between growth and profitability. The tension is even apparent upfront, before auditors begin 63 to work on audit engagements since the latter are usually offered at fix prices without previously knowing how much time precisely will have to be invested in order to complete the job. As specified by another participant: It is always difficult to give an exact price [to the client]. Sometimes we have to absorb the costs [...]. It creates a pressure. (FORMER MANAGER, OCTOBER 2009) Another subject also explained: When we […] close the WIP3, the goal is to have a profitable engagement […]. I often compare [auditing business] to an auto repair shop where you bring in your car, the mechanics does the job, it costs $110-120 per hour and when you leave, the job cost you $120 per hour. Sometimes we are not able to bill this kind of fee, so we encounter an enormous and important risk. (ACTIVE PARTNER, OCTOBER 2009) The analogy of auditing being similar to an auto repair shop is especially of interest, given that it associates auditing with a business which is driven by the objective of making money through a mechanistic and procedural job. The interviewee highlights a distinction between the two, though, in that audit firms support an additional risk due to the fact that they are not systematically in a position to bill the totality of their hours to their clients. Why is that? Are auditing services not as valuable as auto repairs? At first, the audit proposal contains an estimate of how the firm plans to complete the engagement. Moreover, in some cases, marketing strategies such as loss-leading or low-balling may well be deployed by the firms in order to forcefully gain the audit engagement; these 3 In the accounting jargon the expression ―work in progress‖ (WIP) relates to the amount of hours (and/or the amount of hours multiplied by the hourly cost (in $)) incurred to complete an engagement. As the WIP increases, in the context of fix audit contract fee, the profitability decreases. 64 strategies come to influence the pricing of the audit and thus, plausibly represent additional sources of profitability pressure. Marketing strategies are discussed in the next section. At this point, it is important to note that auditors commonly aim to complete audit engagements as quickly as possible no matter the structure of the contract with the client. Also, it is pertinent to observe that in the above excerpts interviewees do not juxtapose commercialism to professionalism; some commercialist feature is opposed to some other commercialistic feature in illustrating key tensions which underlie day-to-day auditing. This is a significant indication of the extent to which commercialism is ingrained in the mindset of practitioners; commercialism is autonomously supported through a constellation of binary oppositions in which professional referents are not significantly involved. 2.2- Financial indicators Firstly, it is important to note that the indicators presented in this paper do not represent an exhaustive set of measures, but are rather the most important ones which emerged from the collected data. The goal is to present financial indicators which, according to interviewees, play a significant role in the firms‘ monitoring of performance. A subject explained: The partners are principally evaluated on 2 or 3 criteria [based] on the performance rate of the engagement. [...] [First] the recuperation rate [...] [and] the hourly recuperated fee [...]. (ACTIVE SENIOR MANAGER, OCTOBER 2009) These indicators are not new to the audit setting but are relevant to the present study in order to situate the subjects‘ appreciation of mercantile features (their significance, their evolution...) in the post-Enron era of 65 audit services. Here is my summarized version of the interviewee‘s description of the two measures: RECUPERATION RATE A staff member works one hour for a client and that staff member‘s standard billing rate is set at 100$/hour. How much can I bill the client? If I bill 60$, it would give a 60% recuperation rate. HOURLY RECUPERATED FEE A member of the staff works two hours on an engagement and that staff member‘s standard billing rate is set at 150$/hour (total revenue should then be 300$ = 2 hours x 150$/hour). However, according to our arrangement with the client we can only bill 100$ in total and therefore our hourly recuperated fee is 50$ (100$ of billing / 2 hours billable). It is important to note that the hourly rate established for an individual (e.g., staff accountant – 100$, secretary – 90$, senior – 200$, manager – 280$, quality control person – 320$, partner – 375$) implicated in an audit engagement is an estimate established by each firm‘s budgeting policies. The estimate usually takes in consideration the remuneration level, the overhead cost, the experience level, the general qualifications of the employee and more. Obviously as the employee holds a superior position in the firm, her/his corresponding hourly rate gains in importance. The interviewee who offered these two indicators‘ descriptions, senior manager in a Big Four, specified that the firm usually aims for a 60-75% recuperation rate for small businesses. S/he also mentioned that the target depended on the clients‘ category; for instance, for important publicly owned companies the firm would accept a lower recuperation rate because of the significant billing volume or the emerging exposure of the 66 firm simply by having their name on the auditor‘s report attached to intensively-viewed financial statements. On the other hand, regarding the hourly recuperated fee, the firm would usually aim at 110-115$/hour for auditing services. The subject went on explaining how the measures are considered distinctively in the field through an example: If my hourly cost is 375$/hour, I work one hour for a client and […] I bill 115$, my [recuperation] rate in percentage is very weak [(115$/375$ = 31%)], but in terms of auditing services, I still billed 115$. (ACTIVE SENIOR MANAGER, OCTOBER 2009) In order to strengthen the economics of this engagement, the senior manager should have affected an employee whose hourly billing rate is lower. Through the expression of certain financial measures of auditors‘ performance, commercialism remains a significant force in the postEnron era. These measures will tend to translate into pressures to minimize the time spent to complete an engagement while affecting the lowest hourly rated employees to the task. Of course, we may be concerned about the impact of such pressures on audit quality. 2.3- Organizational processes 67 Having identified certain key measures of auditor performance which are used in the field, the goal is now to analyze the organizational processes through which these indicators are put in place, communicated and evaluated within accounting firms in the post-Enron era. Two organizational parameters emerge from the interviews in this respect. In accordance with Hanlon‘s (1996) study, the present memoire reveals budgeting and performance measurement as significant mechanisms deployed by accounting firms in order to communicate relevant information aiming to encourage employees in attaining the firms‘ goals. Hanlon (1996, p. 360) states: As argued, at the centre of these new control mechanisms within accountancy is profitability. In order to improve one‘s career one needs to convince one‘s superiors of one‘s profitability potential. This involves skills which are increasingly commercial [...]. As described by interviewees: The process is established from a budget of hours for each engagement. Then, [we analyze] the work [having to be done] regarding that budget of hours, we monitor the overruns according to our estimates and at the end, necessarily, we compare the final number of hours with the billing. (ACTIVE PARTNER, OCTOBER 2009) Yes, of course everybody knows that the more we bill our time, the better it is. [...] We establish a budget, [...] we look at our hourly rate, we estimate the time having to be allocated to the engagement and we try to fit this within the budget. (ACTIVE PARTNER, NOVEMBER 2009) These excerpts indicate how the budgeting process is methodically amalgamated to the auditing process up until the final comparison 68 between the initially budgeted and the final figures of the engagement. We can denote that the budgeting process commonly deployed at the planning stage of the audit serves to monitor the commercial effectiveness all through the course of the engagement. Hanlon (1996, pp. 353-354) also states: The strongest commercial feature of how accountancy work is tightly controlled is to be found in the budgeting process. [...] There is a strong pressure to do the audit with less resources every year and to come in under budget and make more profit. [...] Budgets also have an impact upon the quality of the work and many would say it makes the work more ‗unprofessional‘. Hanlon (1996, p. 354) interestingly mentions: Much of the assessment to become a partner is based upon commercial issues e.g. ability to relate to clients‘ needs (and presumably recommend services the firm has to offer which the client ―should‖ buy); client comments also allow a direct commercial influence in the sense that the senior‘s recommendations were based upon sound financial judgement. How are these processes articulated in day to day activities within accounting firms? The following excerpts illustrate how these processes actually take place: We always want to do better. We have a lot of information to establish where we position ourselves with regard to the recovery [rate] and the chargeable hours in order to compare to other partners. There is this competitive pressure [...] for the performance. (ACTIVE PARTNER, NOVEMBER 2009) 69 The staff certainly bears a pressure to perform and to be efficient. Therefore, obviously, when we have meetings [...] we show them the budget and the fees. [...] We are always seeking to be more successful and efficient. Naturally, when we see the hours adding up, there is a pressure [...]. (ACTIVE PARTNER, NOVEMBER 2009) [The managers] see the WIP, [they] see the bills, [they] have to prepare the analysis of the WIP [...]. [W]e work jointly [...] to figure out how to proceed [...] in order to get more interesting recuperation rates. (ACTIVE PARTNER, OCTOBER 2009) [O]f course when comes the time to prepare the billing for an engagement, you will feel it if you‘re not profitable. That is the goal of reducing costs […], just by taking a day to plan the engagement; it‘s already a pressure to make sure you fit in your budget. (ACTIVE SENIOR MANAGER, OCTOBER 2009) The goal is to reduce the costs [...] there is a pressure to be profitable, [and] to fit in the budget. Regarding the [individual] profitability it means respecting the forecasted amount of hours. (ACTIVE SENIOR MANAGER, OCTOBER 2009) Most of these excerpts explicitly characterize these organizational processes as a significant source of pressure within the audit setting. We can also notice that a considerable attention seems to be oriented towards the firm‘s control mechanisms aiming to promote financial accomplishments. All in all, the previous excerpts illustrate how team members on audit engagements are collectively involved in the monitoring process of the economics surrounding auditing engagements. Partners, in particular, seem to experience a ―competitive pressure‖ arising from the comparison of one another measurements – in partner meetings or otherwise. 70 2.4- Strengthening commercialism through subtle influence Not all interviewees straightforwardly acknowledged the significance of the mercantile pressures emerging from organizational processes. In fact, certain subjects even adopted a defensive discourse in trying to preserve the validity and the benefits of such performance measurement processes – claiming that the measurement of audit engagements‘ performance did not solely depend on financial indicators but that quality oriented features are also taken into consideration through these processes. Interestingly, though, these interviewees‘ comments systematically drifted towards the economics of auditing. Through the interviews, a question was: does a practitioner within an accounting firm wish to be considered as a profitable employee? One interviewee confidently answered: No, not for me. I don‘t care. Really, I never questioned myself how much my time generates for the firm. (ACTIVE SENIOR MANAGER, OCTOBER 2009) The answer seems to imply that the senior manager is rather impermeable to commercial pressures identified by most of the other interviewees. Yet as the discussion continued the same interviewee added: [O]f course, when things are not going well, I always try to identify the opportunities to bill as much as possible. It‘s like at the auto repair shop, the bolts used to do the job have to be billed [to the customers]; if they give them away to everyone, at some point, they are going to have to close the shop. It‘s like a statutory audit mandate, if the [client] is not ready and the [―overrun‖] is too big to be absorbed at the end, we will have to [bill the additional hours]. (ACTIVE SENIOR MANAGER, OCTOBER 2009) 71 That same subject also stated: I do follow-ups with the senior, together we discuss how to execute the work and finally what I want is a commitment. Do you think you can finish this by Friday 5:00 pm, by executing a reasonable amount of hours each day? (ACTIVE SENIOR MANAGER, OCTOBER 2009) According to these excerpts, ―optimal‖ profitability arises not only from maximizing the basic efficiencies in performing the audit tasks, but in learning which budget overruns are billable, and which are not (McNair, 1991), and also by controlling the amount of hours spent by the staff to complete an engagement. These are all very-mercantile oriented features! It can therefore be surmised that the subject‘s sensitivity towards commercial pressures is not consciously perceived at first, but it shows up through the instinctive practice of seeking to identify the additional billing possibilities in order to maximize profitability or the way of obtaining the senior‘s commitment towards the deadline in accomplishing the audit work. Another interviewee is strongly confident that the regulatory bodies are sufficiently well spanned through the reviewing processes of audit opinions‘ quality executed by licensed auditors to ensure adequately the protection of the public. Nevertheless, as it will be presented, the same interviewee went on describing how mercantile features are also, and even predominantly, considered through the performance measurement process. Firstly, the interviewee specifically stated: [L]et me tell you that every office undergoes [many internal and external rigorous auditing of their audits] […], it is obvious that we are monitored. Certainly, when [I] went to execute that type of work [(auditing of audits)] for [naming another office of the firm], we could evaluate how the [audit] 72 approach was applied; if the office, the partners, the managers, were taking any risks through the execution of their work. At the quality level and the [appropriateness] of the fee […] it is serious because, as I was told, if a partner is being audited and his account gets a dreadful score in terms of quality, it would directly influence his career and his financial retribution as well. I heard that some audit partners who received bad scores were forced to stop practicing audit engagements. (ACTIVE SENIOR MANAGER, OCTOBER 2009) This quote indicates that the organizational performance measurement process is not exclusively centered on financial and commercial success, but it also seeks to promote the technical quality of the audits, the appropriate application of the auditing approach, and the minimization of the professional risks. As such, the quote does not directly support the commercial facet of auditing – showing that professionalism is seriously considered and monitored. The excerpt is relevant to this study since it shows how the interviewee presented her/his thoughts not only on a commercialism based speech but also on a professionalism based approach. I obviously expected such speeches through the interviews; in fact, I expected that the interviewees would tend to equilibrate their statements revealing strong mercantile features with some softening comments like the ones that professional regulators would wish to hear. To continue with the last excerpt, through the interview, the same manager also gave a description of commercial aspects considered in the performance measurement process within her/his employing Big Four firm. […] [T]he seniors [and] the managers will evidently have profitability factors towards their engagements. They will have factors related to the development of new clientele that are [...] very important factors in their evaluation [process]. (ACTIVE SENIOR MANAGER, OCTOBER 2009) 73 I then asked: And definitely there are also factors related to the technical quality of the work? The interviewee replied: Yes, absolutely, but I would say [...] that the financial factors are quite important; that is what I understand out of it. That is the pressure that the partners get a lot. (ACTIVE SENIOR MANAGER, OCTOBER 2009) In this paper I aim to provide evidence that commercialism is a significant influential force in auditing practice, even in the post-Eron era. Accordingly, the preceding interviewee suggests that financial aspects of the engagements, while coexisting with quality aspects, are primordial through the evaluation process of the firm‘s partners. 2.5- Effects on working environment and audit approaches As generally discussed, the ―business aspects‖ promoted within the audit setting can lead to dysfunctional behaviours which may translate into a weakening of the audit opinions‘ quality and perhaps jeopardize the protection of the public. In this section, I discuss two specific effects that might emerge from these commercialistic pressures within accounting firms: deterioration of the working environment and altering of the audit approaches. 74 2.5.1- Working environment With regard to the working environment, the following participant insists that auditors are generally dedicated to perform quality work in order to ensure protection of the public. Yet the interviewee is significantly concerned about the human relations context under which auditing engagements are carried out: For public companies, at least at [naming the firm in which the interviewee practices], forget profitability and quality, they are two notions that are totally distinguished. […] [I]t will not impact on the quality of the audit work. It will rather probably impact on the [working] relationships, the mood; the atmosphere will be depressing within the audit team, within the office […] (ACTIVE PARTNER, OCTOBER 2009) According to this quote, the working environment seems to absorb the negative effects of the tension between commercialism and professionalism. Does this necessarily mean, as one may hope, that professionalism is the leading feature in the field? If we consider that the financial outcome of an engagement is poor while quality requirements are attained, and that in turn, the repressed commercialism generates an after-effect jeopardizing the human relations atmosphere within the firm, can this still reflect a form of commercialistic ―takeover‖? In fact, by being pushed to perform financially, the auditors might find themselves underrated towards the general value of their work if they end up not attaining the desired financial profitability levels. Quality-oriented auditors may not feel appreciated and ultimately, they may seek to leave the accounting firm‘s environment. One interviewee (from McNair‘s (1991) study) indicated that the practitioners leaving the accounting firms get ―higher salaries, fewer hours, [...] less stress‖ and so they end up getting better working conditions. In a more recent context, I questioned 75 a senior manager on the effects of commercial pressures put on the audit staff and the interviewee explained that it translated into: [F]atigue, [...] frustration, staff leaving the firm. (SENIOR MANAGER, OCTOBER 2009) I then asked: does this mean that the firm might lose some skilled staff? The interviewee swiftly answered: [Y]es, absolutely, this is actually critical. (SENIOR MANAGER, OCTOBER 2009) On the one hand, as indicated by the previous excerpts, the declining quality of the audit environment might repel qualified auditors from the audit-practice. On the other hand, I argue that such deterioration might retain those practitioners who fit best with the commercially-led culture within today‘s accounting organizations. 2.5.2- Audit approaches I now suggest, on a more technical basis, beyond the working environment, that many accounting firms continuously explore how to amend their audit approaches in responding to commercialism. As explained by an interviewee: [T]here are different ways to meet the requirements. Each firm has its own audit approach. You have all these facets that need to be fulfilled, but you have one [(firm)] that will put an hour and say that it is fulfilled while another firm will put a week to say that it takes a week to meet the requirement. You have differences in judgements and 76 perceptions [...]. I am relatively convinced that it is not all the firms that put the same efforts and time to bolster quality, given the impact on profitability [...]. According to what I heard, at [naming a Big Four firm], some changes were undertaken recently in order to give more flexibility to the professional judgement of the auditors. (FORMER SENIOR MANAGER, OCTOBER 2009) I then asked: What was, according to you, the issue that triggered such a change? The subject quickly replied: Profitability. (FORMER SENIOR MANAGER, OCTOBER 2009) Interestingly, profitability is mentioned as a key motivator in reinvigorating the extent of individual judgment in the audit process – which is typically associated with professionalism. Commercialism and professionalism do not oppose in every respect; sometimes they can push towards the same direction. At some point during an interview, one participant was asked: how does rivalry between firms reflect itself in the auditing business? His first comment relates to the use of a low balling strategy which will be discussed in the next section of the analysis. The interviewee also said: There is also the auditing approach; I find that during the past years [Name of the partner‘s firm] has focused a lot on the 77 internal execution of the engagements and their documentation fearing the CPAB4. Now we are focussing more on the market and we improved, or rather revised, our auditing approach [...]; we target the risks and apply procedures, I would not say narrowed, but modified, while respecting our auditing standards and concepts. It‘s not complicated, I find that [Name of the partner‘s firm] standards are heavier than the other firms and now we have to adjust ourselves to the market because otherwise we are going to ―get out‖. (ACTIVE PARTNER, OCTOBER 2009) Interestingly the partner insists on shifts in audit methodologies being made specifically to address market and business issues rather than professionalism and quality oriented issues. It is as if the professional logic is subjugated by the commercial logic; subjugation being seen as the ―natural‖ aspect through which practically every significant facet of auditing that has been presented in this memoire has been linked to commercialism. Are accounting firms today keen on identifying loopholes that justify less work (or less procedures; or less time invested in the audit) in order to maximize profitability of audit engagements? 2.6- Conclusion At this point I have indicated how, in the post-Enron era, practitioners in audit functions of accounting firms wish to be perceived as economically effective employees. The general business aspects of auditing (i.e., rapidity, efficiency, profitability) monitored by some financial indicators (i.e., recuperation rate and hourly recuperated fee) which are controlled and promoted through certain organizational processes (i.e., budgeting and performance assessment) within accounting organizations contribute to consolidate the pressures on audit practitioners for being perceived as economically effective. However, the pressures are not necessarily easy to deal with; they may engender negative effects, such as deterioration of the 4 working Canadian Public Accountability Board (CIPAB) environment. 78 3- Privileging the clients The second facet of the empirical analysis reveals that, beyond practitioner‘s desire of being perceived as economically effective, audit clients (auditees) represent another considerable source of pressures in the post-Enron audit setting. Previous authors have already related the importance of client care and marketing techniques to the business of auditing. Humphrey & Moizer (1990) provide evidence that through the audit planning process the logic of professionalism is re-fashioning as one of client service. Also according to Power (2003), audit planning serves (technical), ideological (legitimating) and marketing (selling) roles simultaneously. My study contributes to the literature in showing that the client care imperative is still a significant driving source of influence in the post-Enron era. With regard to the present study, the interviewed practitioners systematically signified the importance of pleasing the clients in the audit process. In this section I specifically aim to present evidence on the matter. I also aim to show that client retention is not an easy task in the current financial audit environment. That is due to the perception that audit services rendered by accountants are negatively seen from the public‘s point of view and even more deceivingly from practitioners‘ point of view. Finally, the low balling strategy, revealed as one of the economic tactics deployed in the audit market in order to retain/please the clients, will be described as an offensive measure from which dysfunctional behaviour may emerge. I will show that, in contrast to what many consider, low balling is, regardless of Sarbanes-Oxley Act, in an evolutionary mode in our post-Enron era. 79 3.1- Serving the client as a priority Firstly I will present how pleasing the auditees is a predominant concern for auditors – sometimes even above quality of audit work. Accordingly, many interviewees explicitly describe the importance of making clientele development and clientele retention a priority through the audit process. Eisenstaedt (2010, p. 31) recently stated that: Client retention is the No. 1 issue facing accounting firms today. Firms are trying to protect their most profitable clients from the pressures of new business challenges and various threats that weren‘t even on their radar screens just two years ago. [...] At the same time, clients continue to become more sophisticated and demanding. They can easily find lower-cost providers who promise better service without having to sacrifice quality or take on more risk. In today‘s business environment, these are compelling reasons for even the most loyal or smallest clients to review their relationships with their accounting, tax and business consulting firms. The previously quoted author indicates how nowadays client retention constitutes a significant issue within accounting firms. My findings corroborate this statement. It even seems that the client service mantra benefits from the involvement of certain academics. In particular, Beattie (2009, p. 6) claims the following: Ground-breaking research that will reveal what clients really think about the quality and types of services provided by their accountants is being undertaken by CCH, publisher of Accountancy. [...] ―For accountants to grow and prosper in the current economic climate, it‘s really vital for us to understand what clients‘ needs and wants are,‖ [...] ―If you look at other industries... they focus so much time and attention on client needs, but in accountancy I don‘t think we do enough of that. We need to understand what it is they are 80 buying from us.‖ [... T]he research will help give an insight into how a client chooses an accountant in the first place. ―We retain clients for quite a long time in the industry but how much of that is lethargy and how much is loyalty is an interesting question that we could know more about‖. On the one hand Cooper & Robson (2006, p. 423), ―claim that the commercialization of the Big Four went too far [...]‖ and on the other hand we have Beattie‘s (2009) excerpt arguing that the accounting industry does not focus enough time and attention on client‘s needs. The excerpt below shows how quality concerns are ―nice concepts‖ but if you ―want to make money […] you have to serve the client‖ first. It‘s the same way to sell audit engagements everywhere. For some years, [the firm] pushed towards quality, quality, and quality. [They were saying that clients] are not clients, they are entities; it is not the management, it is the audit committee; risk management, quality control… All very nice concepts communicated, but in the long run it does not work. […] Today, if you want to make money you have to manage your limits, but you have to serve the client. [The firm] lost many clients because of its fussiness towards regulation while other firms would have more liberal interpretations. (FORMER SENIOR MANAGER, OCTOBER 2009) This quote clearly emphasizes the prioritizing of pleasing the auditees (i.e., protecting the firms‘ commercial interests), and also illustrates one potential dysfunctional behaviour (i.e., weakening of professionalism by reducing ―fussiness towards regulation‖) emerging from such prioritisation. As mentioned by Hanlon (1996, p. 339) more than a decade ago: [I]n accountancy the client for auditing services is increasingly viewed as the company managers rather than the shareholders, the public, or the state. 81 In the same line of thought, other interviewees mentioned the following: [It] is clear that we are a service provider […]. [G]enerally, they [the clients] obviously want to reduce their costs. We do not want our current clients to call for proposals, we appreciate serving them. [...] But yes, it is clear that the clients put a pressure, because they can go look in the market and ask for proposals. (ACTIVE SENIOR MANAGER, OCTOBER 2009) [As an auditor] you are a supplier, never forget that, an auditor is a supplier. Yes, we sell professional services but we are not alone, we are not an oligopoly, we are not a monopoly, we swim with other auditors and the clients know other partners from other firms [...]. (ACTIVE PARTNER, OCTOBER 2009) The client has the last word. [...] For sure the client always wants the cheapest. […] What is your limit? After you can discuss with the client […]. (FORMER MANAGER, OCTOBER 2009) The portrayal of auditors‘ as simple suppliers or service providers, the ―obvious‖ statement that auditees systematically seek to reduce audit costs, auditees openly calling for proposals in order to change auditors, the existence of open audit-markets fought between competitors, and finally, the perception that the ―client has the last word‖ are all significant indicators of commercialism in today‘s auditing environment. Besides, another interviewee explained: [As] an auditor you want to sell your services. [As] an auditor, most of all, you want to please your client. You do not always want to be there with your calculator and saying you will charge that extra. First and foremost, you want to please! [...] Coming in-between to discuss the billing […] is a bit taboo. The day that the profession will be able to do that, we would have enormously progressed. That is why presently 82 in our trainings we include an aspect related to all of that. [...] It makes a significant difference. (ACTIVE PARTNER, OCTOBER 2009) Interestingly enough, the quote indicates that the partner‘s medium sized firm is in the process of adapting the employees‘ training programmes in order to include clientele retention and business development issues. Again, pleasing the auditees, and so maintaining interesting financial results throughout the auditor/auditee relationship, constitutes a major social referent in the post-Enron era. Finally, a participant points out how auditors, in trying to please clients, adopt particularly keen behaviours towards auditees: [W]hat do you do when the client disagrees with you? [...] For sure, from one year to another we are all in a seductive mode to preserve the clients. […] The relationship has to be rock-solid [...]. (ACTIVE PARTNER, NOVEMBER 2009) All the statements presented in this section describe the auditor/auditee business-oriented relationship for which perpetuation is seemingly revealed by interviewees through this study as a major issue for auditors. Ultimately, all the commercial pressures described put auditors in a constant seductive mode towards their auditees in order to keep them away from the influence of competitors. Is this commercially-oriented context conducive to protecting the public? With the eminent concern as to client retention within accounting firms and with the over-emphasized desire to please the client, and even seduce it in times of need, it can confidently be argued that the clientele 83 management process is a dominant source of influence in the post-Enron period. 3.2- Commodifying the audit In their desire to please the clients and to ensure their loyalty, auditors participate to the commodification of the audit – which tends to be perceived by a number of auditors and auditees as a ―product‖ which needs to be valuable in some respects from a managerial perspective. As mentioned by Hanlon (1996, p. 347): [S]pecialisms within accountancy have different types of relationships with clients. The auditors appear as an expensive ―policing‖ nuisance to the client whereas those in other areas such as tax are seen as experts bought in by management to increase profitability. The auditors have tried to move down this commercial road by presenting the management with a management letter indicating possible improvements to the accounting and accountability systems. This recent phenomenon is carried out at the end of the audit to make it appear more ―worthwhile‖. ―. . . it (the audit) is very much an after the event situation. You‘re constantly hassling people to do something. An audit is not something that anybody (not even shareholders nor the public!) wants but they have no choice in the matter. They have to have it [...]‖ (Jane O‘Driscoll, Big Six Senior). Furthermore, with regard to the general climate characterizing the audit as a commodity, a Panel observed that audit senior and manager focus group participants frequently indicated that ―engagement partners and 84 firm leaders treat the audit negatively – as a commodity‖ (POB5, 2000, 99 in Jenkins, Deis, Bedard, and Curtis 2008, p. 46). Accordingly, one of my interviewees mentioned: Firstly, we should stop saying [that auditing is a commodity] inside the firms! […] Yes [the perception] nevertheless remains [...]. [T]hey [(the clients)] are in the present and the future while we come in sometimes three months after the end of the financial period and we analyze the past year. (ACTIVE PARTNER, NOVEMBER 2009) This excerpt interestingly suggests that a number of auditors do participate in the commodification of their services. Along the same lines, the following excerpt provides a striking illustration of an auditor who seems to be naturally inclined to unquestioningly accept the view that auditing is a commodity – whose ―value‖ in the eyes of the clients is far from being obvious. Interestingly, the value of auditing from a public interest perspective is not mentioned at all, as if it is not a significant referent in the interviewee‘s interpretive schemes: Lawyers might have an advantage because [...] it is an added value for the client while auditing is a bureaucratic unnecessary requirement because it is an expense and it brings no value to society. [...] Being an unnecessary requirement, the client does not look for a Cadillac; the client rather looks for something that works, that will not cost too much in maintenance. (FORMER SENIOR MANAGER, OCTOBER 2009) Finally, current partners added the following: 5 Public Oversight Board www.publicoversightboard.org/about.htm 85 So we have to try selling our product, referring to the auditor‘s report, a commodity, which is exactly the same than all the other firms regardless of the size. Often what we see [...] is that for the client there is no added value from that document. (ACTIVE PARTNER, NOVEMBER 2009) The market would say: perfect, we have the same [auditor‘s] report for cheaper. We have the same report, the same signature, but no one, or almost no one, understands what auditing actually is. (ACTIVE PARTNER, OCTOBER 2009) In sum, my analysis reveals that a number of accountants tend to participate in the commodification of auditing, believing that it ―makes sense‖ for auditees not to see any ―value‖ in the auditors‘ work and report. Serving the client is a priority, and many auditors are not likely to question this priority, accepting the ―validity‖ of the client‘s rhetoric regarding the commodification of the audit function. 3.3- Low balling Having discussed accountants‘ aspiration of privileging clientele in order to preserve financial interests through the auditor/auditee business relationship in the post-Enron era, I now intend to present some of the aggressive marketing tactics deployed by auditors who seek to achieve the challenging goal of retaining and pleasing their auditees. Firstly, according to my data analysis, the current post-Enron audit market is highly competitive. Secondly, I will present how competition encourages a highly aggressive marketing method which seems to be increasingly popular: the low balling technique. 86 3.3.1- Strongly competitive auditing markets Many interviewees clearly pointed out the fierce degree of competition existing in the post-Enron audit scene. More specifically, the data of my research reveals that accounting firms aim to fortify their respective position in the audit market by soliciting clients which they previously did not necessarily target. A recent study supports my statement; Esentaedt (2010, p. 31) mentioned: Now, larger competitors are going "down market" to find work, firms are opening new offices outside of their established geographies, and industry concentration through mergers and acquisitions is making retaining clients even more difficult. Eisenstaedt‘s remark about the larger firms‘ approach was confirmed by a medium-size firm partner through my study‘s interview process: [The audit market is] very competitive, very competitive! I would say that lately what we see is an all around competition from the Big Four. Usually, we were each a little bit in our respective markets and so, the Big Four had the ―big‖ companies and our goal was not to become the Big ―Fifth‖, we are very comfortable where we are. [...] [T]he competition was not primarily between the Big Four and us, because it was the ―Big Four‖ and they were evidently always a lot more expensive than us. Lately, we can observe that even them attempt to penetrate our entrepreneurial nonpublic [market] with prices which can really surprise us. (ACTIVE PARTNER, NOVEMBER 2009) The partner explicitly points out the aggressiveness of the competition which is manifested through low prices in call for tenders. The alleged alteration in the Big Four marketing strategy is seen as a threat for smaller firms. Interestingly, one Big Four partner claims the opposite, in that smaller firms were trying to aggressively compete with the Big Four: 87 I do not want to denigrate certain firms, but there are the Big Four firms and there are the other smaller firms that try to penetrate certain interesting [Big Four] clients. (ACTIVE PARTNER, OCTOBER 2009) These quotes lead us to believe that in the current post-Enron auditing markets, firms seek quite aggressively, through price competition, to gain as much market share as possible. In sum, at this point we can say that competition among accounting firms is, according to the data of this study, strong and dynamic. I next aim to show how the growing rivalry leads to the adoption of evolved marketing strategies. 3.3.2- Low balling In this study, low balling is defined as the strategy by which an organization offers its services at prices which are inferior to the usual market level or simply lower than competitors, in order to guarantee establishment or continuance of a business relationship and thus, potentially increase the business growth and business value of the organization. As stated by McNair (1991, p. 637): Planning to raise these [auditing] fees over time, as well as capture more lucrative aspects of the client‘s business (e.g. consulting and tax work), the firms entered into bidding wars for clients that, today, appear to be making audit services a ―loss leader‖. 88 Low balling is also in line with the commodification phenomenon described above, in which a number of auditors come to perceive that the utility of the audit function is quite limited – hence justifying fee reduction. The issues related to the low balling strategy in the audit world are not new; in fact, DeAngelo (1981a, b) was one of the first accounting researchers to point out that competitive pressures were causing large public accounting firms to ―lowball‖ their initial fee structures to obtain audit clients. The common goal was to subsequently ―capture more lucrative aspects of the client‘s business‖ but the Sarbanes-Oxley Act of 2002 (section 201) specifically restrains considerably the scope of services which auditors can render to their auditees when the latter are publicly owned companies. The Act‘s list of ―prohibited activities‖ includes general consulting services and therefore, seemingly eliminates the common visible usefulness of deploying such a low balling strategy. Nevertheless, this issue remains of interest since low balling is, as the memoire‘s findings show, an ongoing and evolving scheme deployed by firms in the current post-Enron auditing context. In fact, many interviewees have broadly discussed the issue and gave genuine examples of the deployed strategy. I will present a few of these examples in order to clarify their respective perception of the low balling concept: #1 - [W]e were billing $1 000 000 and [naming another competitor – Big Four firm] decided to bill $500 000. (ACTIVE SENIOR MANAGER, OCTOBER 2009) #2 - [I]t is funny just yesterday we were talking about this, it was an audit that we proposed for $40 000 and [...] [the competitor] came in with $28 000. Moreover, our $40 000 was already cut. (ACTIVE PARTNER, NOVEMBER 2009) #3 - We prepared an offer and we learned that there were four firms participating in the proposal [...]. We were the highest [bidders], [naming a small firm] I don‘t know their price [...], 89 but [naming a medium size firm] were 10% lower than us and [another Big Four] were 30% lower than [the medium size firm]. [The latter Big Four] was aiming to gain a client operating within a [specific industry]. When you prepare a service proposal you need to have the background and the experience, and I think they were willing to cut the price in order to build a reputation and a team of people [able to answer the needs of such clients...]. [T]hey want to position the firm in order to gain a maximum of competence for similar clients in the same industry. (ACTIVE PARTNER, OCTOBER 2009) #4 - [The] word going around is that [naming a Big Four competitor] is cutting the prices on the market, something that was not done in the past few years. [...] I had to review a service proposal which we were preparing, and I was surprised by the [low] price which we were offering [in response to the other Big Four low balling competitor]. (ACTIVE SENIOR MANAGER, OCTOBER 2009) #5 - [W]e were asked to prepare a time budget for a certain client in regard to an audit engagement. [...] We concluded that it could not be done under $200 000 considering the size and the complexity. The partner at that time wanted to win the client and said it was fine to make it for $100 000. The business was not necessarily going well. Hence you find yourself with an engagement that has an enormous risk and an awful profitability rate. [We] were going to recuperate 20% or something like that. That was a bad assessment made just to win the client. You have big ―egos‖ that will bypass the system.‖ (FORMER SENIOR MANAGER, OCTOBER 2009) In revealing these cases the subjects were answering a general question asking about their common appreciation towards low balling. The first two cases illustrate the degree of fee reduction involved in low balling. The third example shows that strategic concerns are thought to relate to low balling – as some firms seek to establish their presence in certain niches. The fourth excerpt indicates the dissemination of low balling as accounting firms get increasingly involved, through isomorphism or otherwise, in the game. Finally, the fifth example reveals the ability of 90 certain players in allegedly bypassing certain formal controls surrounding the pricing of the audit fees in call for tenders. The interviewees also present certain reasons as to why the low balling strategy is favoured. In particular: [B]y penetrating with a rebate, we say: go in now and make it profitable later. I exaggerate, but this is what actually happens in the market. […] [Y]ou get in with a loss percentage [...], you accept it and tell yourself that overall, on the long run, you will gain back. […] [I]t is common practice. (ACTIVE PARTNER, OCTOBER 2009) [I]f we think there is potential for specialized services [...] and the other firm cannot offer it [...] then our firm can accept the idea of giving up a bit of the audit fee in order to gain other fees recovered at higher rates. This is a business strategy. It is similar as being at the drugstore, the ―Chips Lays‖ are always on sale, [...] that is to get the customer in and then ―oups‖, on her/his way [to get the chips] the customer finds the sun lotion, picks up her/his medication. (ACTIVE SENIOR MANAGER, OCTOBER 2009) [W]e have a certain leeway. [...] There are strategic audit engagements which we want to obtain in order to enhance our [market] positioning [...]. Yet, these are exceptional cases which we still have to manage intelligently. [...] Nevertheless, it is obvious that for auditing there is an important pressure [put by the client] on the invoicing because of the recurrence of the service, every year you come back and have an opportunity, so it‘s a bit like a ―loss leader‖. (ACTIVE PARTNER, OCTOBER 2009) These previous excerpts indicate the potential of long term profitability, cross-selling opportunities and strategic marketing positioning as noteworthy grounds on which accounting firms rely on when adopting 91 low balling approaches. Interestingly enough, the third interviewee paradoxically mentioned the following: We do not want auditing to be like the bridges, contracts going to the cheapest bidders. [...] [T]hese bridges collapsed and they killed people even if engineering standards were used in building them. [...] Would you [(asking me)] embark on a rocket that was [...] [built by] the cheapest subcontractor? Auditing is the people‘s money; it is the shareholders‘ money. Look at what happened with [naming a few of the financial scandals] [...]. Hundreds of thousands of investors have lost their savings of a lifetime, it will ruin their health and some will die morally because they were financially ruined. (ACTIVE PARTNER, OCTOBER, 2009) This certainly seems contradictory. The partner initially stated that the low balling strategy is acceptable, within a given ―leeway‖, as it serves a marketing positioning purpose for the firm. Yet on the other hand, the same interviewee indicates that engagements should not be given to the lowest bidder since the quality of the work might suffer in such cases (i.e., bridges collapsing). The partner refers to bridges that had collapsed in a Canadian province a few years earlier; the construction contracts regarding these bridges were supposedly given out to the cheapest bidders. In so doing, the fixing of audit fees appears as a very delicate endeavour. In the course of an interview with another participant, I asked about the consequences of low balling strategies: I think we might get the type of auditor who will arrange to have no questioning [to the client]. (ACTIVE SENIOR MANAGER, OCTOBER 2009) This implies a façade auditor, who seeks to minimize inquiring towards the auditee‘s business in order to minimize the time spent to complete the audit and perhaps reduce the degree of audit quality. Another interviewee 92 describes in the following excerpt the pressures possibly emerging from the deployment of low balling tactics: [O]k, we want to bill a lower fee, how to do it? We had planned this much time to execute that part of the engagement; we go ahead and we cut [the hours]. Are there some audit firms that overlook the quality, I am not ready to say no, but I know that they are ready to consent lower prices in order to obtain the client. To execute a publicly owned company‘s audit engagement brings an open visibility, like advertising. It is enjoyable to say that we audit this [important company] [...]. It shows the other smaller clients that we are well capable of serving these important companies [...]. (ACTIVE SENIOR MANAGER, OCTOBRE 2009) Again, audit endeavours are reduced, thereby impacting (potentially) on audit effectiveness. Audit quality does not weigh very high as compared to the economic rationales which are invoked in justifying audit firms to compete on price. Moreover, this last interviewee interestingly indicates the ongoing potential usefulness of deploying a low balling tactic towards publicly owned auditees notwithstanding the Sarbanes Oxley Act. I consider this suggestion as an evolutionary marketing tactic deployed by certain firms and depreciating the regulatory Act. My interviews indicate that in response to the aggressive competitiveness characterizing the auditing market, auditors feel pushed towards the adoption of a low balling strategy, which may ultimately translate into some dysfunctional behaviour threatening audit quality. Once again commercialism seems to exert a dominant influence in post-Enron audit settings, in stimulating auditors‘ desire of privileging the clients (auditees). 93 Finally, to complete the analysis of the low pricing business development strategy, I offer the following excerpt reflecting the viewpoint of a medium size firm partner. S/he mentions: If we propose an audit engagement to a client which we do not think, according to its size and goals, will ask for additional services, I would say that in that case we will not low ball. It is just not worth it. [...] As a firm, we are presently in evolution with regard to the low balling strategy. It was never our approach to deploy low balling. Presently we are reacting because we realize that we are losing a lot of potential clients. We know that when we find a Big Four coming in 30% lower than us [...]; that is considerable. We would expect that from smaller firms. But now when we see the Big Four coming in lower, it‘s like nonsense because they have higher hourly rates and this is considering the fact that our proposals are already discounted. [...] So obviously they are ready to make money with other services. [...] The whole firm has to approve the strategy. That‘s presently our challenge; all partners, including consulting [and] tax, [have to agree] because we share all the profits. Consulting will be doing very good and then we look at auditing business, which is not going very well, with low recovery rates. We [currently] have this whole debate. We are just back from a convention and we were discussing if the clients were the audit function‘s clients or if they were the firm‘s clients. [...] Everyone has to agree that when I will do my audit, my recovery will be [low] because I have to do my audit work, I am accountable, I may be reviewed. [...] I will not cut the level of work in attempting to reach a goal that I know is impossible. [...] Everybody has to agree [...]. Do not come asking me questions afterwards. Why is it [the engagement‘s profitability] so low? It‘s the firm‘s strategy; but we are not yet at this level. We are still accountable, my recovery rates are examined. I am a partner; when I have to reach 60% and I realize I‘m getting to 50%, I then question myself: ―Are we doing too much work?‖ (ACTIVE PARTNER, NOVEMBER 2009) The partner explains that the medium size firm is presently in evolution with regard to such a matter and that the firm had to embark on that evolving path in order to respond to the other firms‘, especially the Big Four firms‘, aggressive tactics based on low pricing. S/he adds that the 94 firm‘s partnership has not yet reached an overall agreement regarding how to react to a low balling environment: will audit partners be encouraged or not to reduce the level of work when the audit fee is cut significantly? Not being at ―this level yet‖ implies that organizational pressures currently encourage partners to reduce the level of work when being involved in a low-balling situation. These pressures are important since the interviewee recognizes that s/he will engage in questioning – although earlier in the interview s/he is aware of the risks involved in reducing audit work. The organizational climate which brings the audit partner to question the amount of work necessary to support the opinion (―are we doing too much work?‖) is associated to internal accountability in terms of financial performance towards the other partners; again, commercialism is sustained through organizational practices. 3.4- Conclusion I have indicated in this third and last section of the empirical analysis that in order to respond to what is generally perceived as increasing pressures ensuing from a high degree of competition in the audit market, accounting firms increasingly rely on a low pricing strategy in order to retain (or seduce) auditees. In contrast to what many would assume the Sarbanes-Oxley Act and its Canadian adaptation did not get rid of such tactic in the audit industry. In fact, the strategy has evolved to the point where some smaller firms have to keep up by reluctantly adopting such method in order to counter the Big Four‘s aggressive marketing behaviour. In turn, low balling may engender a climate encouraging auditors to reduce the level of audit work, thereby jeopardizing audit quality. Interview evidence is presented in this respect. 95 FINAL REMARK Unfortunately the auditing profession does not seem to learn from its mistakes. Concerns relating to commercialism in accountancy are ongoing issues in the current post-Enron era. This was specifically what I assumed at the beginning of this memoire and I have empirically found that from practitioners‘ points of view, auditors in their daily endeavours are now often encouraged to give more weight to ―the business of auditing‖ while downplaying the role of professional referents. My goal was precisely to appreciate the practitioners‘ views towards commercialisation of auditing services within accounting firms. Can I suggest that auditing practitioners are blinded to the extent of commercialization surrounding their practice? As indicated in my memoire the research literature does not offer any absolute causal linkages between financial debacles (i.e., failures in protecting the public) and ascending commercialism within accountancy profession. Nevertheless, Gendron (2002, 2010), Wyatt (2004) and Toffler (2003) provide evidence which help us realize that commercialism may have played a significant role in audit collapses. These studies allow an in-depth examination of Enron-Andersen‘s 2001 failure which certainly underlines the dark side effects of commercialism in auditing practice. To put the matter under perspective, it is important to recognize that auditing is not idiosyncratic in being heavily influenced by commercialization; nonetheless auditing constitutes a field where commercialization seems to be increasingly developing and consolidating, despite the occurrence of audit failures which can, in theory, be interpreted as ensuing from too much commercialization in the field. The strong influence of commercialism in the field of public accounting has been pointed out by many authors. What is new is 96 showing that commercialism dominates even in an apparently serious regulatory context, post-Enron. Most people normally consider that concerns relating to the protection of the public would have considerably been resolved in the post-Enron legislative crusade towards financial markets and auditing profession. Unfortunately, not only do my interviews indicate otherwise, but debacles such as that of Lehman Brothers‘ 2008 bankruptcy, just to name one, provide persuasive evidence that issues surrounding the protection of the public may be neglected in the profession. I do not suggest that auditors are the weakest link throughout these demises within the financial sphere. Nor do I suggest the wrongful doing of auditors in each of these debacles. I rather suggest that auditors‘ key purpose as watchdogs of financial markets has not been attained. Having as chief objective the protection of the public interest, it is not unreasonable to argue that auditors have in a sense failed in this respect. Commercialism is not the only factor negatively disturbing the auditing profession, but it remains one for which the present study sheds some light on its significance in the post-Enron era. Nonetheless there is now serious controversy in literature as to what is currently accountancy‘s main problem to deal with. On the one hand, I find Eisenstaedt (2010, p. 31) vigorously insisting on client retention as being the ―No. 1 issue facing accounting firms today‖. He specifies (p. 31): If a firm wants to retain its best clients, the ones who have high financial value, are less sensitive to fees, are most likely to buy multiple services, and are the best source of referrals, they need to adopt new approaches to nurture client loyalty. 97 Firms only need to look as far as their clients to learn how to retain their business. While on the other hand, Sukhraj (2010, p. 12) argues: Questions are being asked over why it took a whistleblower to alert auditors at E&Y to the Repo 105 transactions, rather than the auditors challenging the deals themselves. And if they hadn‘t done so in this instance, how many other times did they not do so in issuing other audit opinions? And is this telling, of their brothers and sisters who carry out similar functions for the capital markets across the globe? Among these questions also lies the key concern of the value of the audit, and indeed its future. These diverging viewpoints compellingly remind us of the confrontation between commercialism (i.e., in this case client retention) vs. professionalism (i.e., in this case the raison d‘être of auditing). I believe that professionalism has to find its way back in the leader position of the accountancy profession. 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Accounting Horizons, 18(1), 45-53. 104 APPENDIX & TABLE 105 Appendix 1 – Form of consent La commercialisation des services de certification offerts par des expertscomptables en cabinets Projet approuvé par le Comité d‘éthique de la recherche avec des êtres humains de l‘Université Laval (no d‘approbation 2009-150), le 29 juin 2009. Formulaire de consentement 1. Présentation de l’équipe de recherche Yves Gendron est professeur titulaire à l‘École de comptabilité de l‘Université Laval. Plusieurs de ses travaux de recherche visent à mieux comprendre certains aspects fondamentaux de la vie des professionnels de la comptabilité – que ce soit la prise de décisions des vérificateurs externes sur le terrain ou encore la façon dont les membres de la profession comptable ont vécu la chute du cabinet Arthur Andersen. Son travail académique a été publié dans un large éventail de revues universitaires telles que Accounting, Organizations and Society, Contemporary Accounting Research, et Journal of Business Ethics. Simon Dermarkar est étudiant à la maîtrise en sciences comptables de l‘Université Laval. Ayant récemment obtenu son titre de comptable agréé suite à ses études en comptabilité publique à HEC Montréal et œuvrant pour presque trois ans en tant qu‘un vérificateur au sein d‘une firme d‘experts-comptables, il s‘est intéressé au processus de commercialisation des services de certification et aux différents enjeux qui s‘y rattachent. Veuillez prendre notre que la démarche est indépendante à ses activités professionnelles et que cette recherche est réalisée dans le cadre de sa maîtrise en comptabilité à l‘Université Laval. Avant d’accepter de participer à ce projet de recherche, veuillez prendre le temps de lire et de comprendre les renseignements qui suivent. Ce document vous explique le but de ce projet de recherche, ses procédures, avantages, risques et inconvénients. Nous vous invitons à poser toutes les questions que vous jugerez utiles à la personne qui vous présente ce document. 2. Nature de l’étude La recherche a pour but premier d‘analyser à travers l‘ère post Enron, la façon dont les professionnels offrant des services de certification perçoivent le processus de recrutement, de commercialisation et de rétention de la clientèle en certification. Plus particulièrement, la question de la rentabilité au sein du cabinet et de la compétitivité entre les cabinets, sont les idées principales du projet de recherche. 106 3. Déroulement de la participation Votre implication dans cette recherche consiste à participer à une entrevue d‘une durée d‘environ une heure, qui portera principalement sur les éléments suivants : Éléments d‘information sur votre parcours professionnel. Votre perception générale de la dynamique du marché des services de certification que se partagent les cabinets comptables. Votre appréciation de la compétitivité qui peut exister entre les vérificateurs dans le processus des offres de services. Votre avis sur des questions comme les suivantes : o Les effets de la compétitivité entre les cabinets et les enjeux qui s‘y rattachent. o Les différences entre l‘avant et l‘après Enron, en ce qui concerne la commercialisation au sein des cabinets comptables. o La possibilité que certains cabinets adoptent une approche « low-balling » - offrir des services à prix moindre afin d‘obtenir le mandat de vérification. Les risques liés à l‘adoption d‘une telle approche de recrutement de clientèle à l‘égard de la qualité des opinions émises par les services de certification. o Points forts et faiblesses des normes professionnelles qui régissent ces processus de commercialisation. Nous aimerions enregistrer l‘entrevue. Toutefois, si vous n‘êtes pas à l‘aise avec cette procédure, vous n‘avez qu‘à nous le signaler et nous n‘enregistrerons pas l‘entrevue. Nous prendrons alors des notes écrites détaillées. 4. Avantages, risques ou inconvénients possibles liés à votre participation Participer à cette recherche vous offre une occasion de réfléchir, individuellement, aux processus de commercialisation au sein des cabinets comptables et aux enjeux qui en découlent. De plus, votre participation permettra d‘approfondir l‘appréciation de la façon dont les normes professionnelles régissent ce processus de commercialisation en matière des services de certification. Or, nous connaissons relativement peu de choses de la façon dont ce processus de commercialisation est implanté, contrôlé et « vécu » au sein des cabinets d‘expertise comptable. Il est également possible que nous développions du matériel pédagogique à partir de certaines facettes des données recueillies par entrevue. Il est possible que certains extraits de votre entrevue soient intégrés à nos manuscrits de recherche ou notre matériel pédagogique. Cependant, nous nous engageons à ce que votre participation à cette étude comporte le 107 moins de risques possible, en protégeant au maximum de nos possibilités votre anonymat, ainsi que celui de votre organisation. 5. Participation volontaire et droit de retrait Vous êtes libre de participer à ce projet de recherche. Vous pouvez aussi mettre fin à votre participation sans conséquence négative ou préjudice et sans avoir à justifier votre décision. Si vous décidez de mettre fin à votre participation, il est important d‘en prévenir le chercheur dont les coordonnées sont incluses dans ce document. Tous les renseignements personnels vous concernant seront alors détruits. 6. Confidentialité et gestion des données Les noms des participants ne paraîtront dans aucun rapport. Des codes alphabétiques seront utilisés en référence à vous ou à votre organisation. Seuls les membres de l‘équipe de recherche (c.-à-d. Yves Gendron et Simon Dermarkar) auront accès aux enregistrements des entretiens et à leur retranscription. Une fois les entretiens retranscrits, une copie manuscrite vous sera envoyée. Bien que le courrier électronique ne puisse jamais être totalement sécuritaire, nous vous enverrons tout de même la transcription de votre entrevue par courriel, à moins que vous nous indiquiez une autre modalité de transmission que vous jugerez plus sécuritaire. Une fois la transcription reçue, vous serez libre de la modifier, de la rectifier ou d‘y ajouter des explications, et ce, pendant les six semaines qui suivront la date de réception de ladite transcription. Au-delà de ce délai, les chercheurs prendront pour acquis que vous acquiescez à la teneur de la transcription de votre entrevue. Si vous le demandez, nous vous enverrons, avant publication, une copie de tout manuscrit de recherche ou matériel pédagogique qui sera produit. Les enregistrements originaux seront détruits un an après la réalisation des entretiens. Pendant cette période, les enregistrements originaux seront conservés sur le microordinateur des membres de l‘équipe. Ces ordinateurs seront toujours gardés sous clef, normalement dans le bureau respectif de chacun des membres de l‘équipe. De plus, leur utilisation nécessite la connaissance d‘un mot de passe connu seulement de l‘utilisateur. Les notes manuscrites prises pendant les entretiens seront gardées sous clef dans le bureau d‘un des membres de l‘équipe de recherche pendant les deux années suivant la publication du dernier manuscrit de recherche, après quoi elles seront détruites. Les transcriptions définitives des entretiens (copie papier) seront gardées sous clef dans le bureau d‘un des membres de l‘équipe de recherche pendant une période indéfinie. Une version électronique de ces transcriptions sera conservée pendant la 108 même période sur un disque dur externe et dont l‘accès sera soumis à un mot de passe connu des seuls membres de l‘équipe de recherche. Nous désirons conserver ces données indéfiniment car elles pourraient être utiles pour des recherches ultérieures, notamment dans le cadre d‘études historiques ou longitudinales portant sur l‘évolution des dynamiques au sein des cabinets d‘expertise comptable. Cependant, les données conservées pour une utilisation ultérieure seront préalablement dénonimalisées de manière irréversible. Les données étant rendues dénominalisées, il n‘y a pas de risque à conserver celles-ci pour un temps indéfini. 7. Renseignements supplémentaires Si vous avez des questions sur la recherche ou sur les implications de votre participation, veuillez communiquer avec un des membres de l‘équipe de recherche: Yves Gendron, au numéro de téléphone suivant : (418) 656-2131 poste 2431, ou l‘adresse courriel suivante : [email protected] Simon Dermarkar, au numéro de téléphone suivant: (514) 8177287, ou l‘adresse courriel suivante: [email protected] 8. Remerciements Votre collaboration est précieuse car elle nous permettra de réaliser cette étude. Nous vous remercions d‘y participer. 9. Signatures Je soussigné(e) consens librement à participer à la recherche intitulée : « La commercialisation des services de certification offerts par des expertscomptables en cabinets ». J‘ai pris connaissance du formulaire et j‘ai compris le but, la nature, les avantages, les risques et les inconvénients du projet de recherche. Je suis satisfait(e) des explications, précisions et réponses que le chercheur m‘a fournies, le cas échéant, quant à ma participation à ce projet. ___________________________________________________________ Signature du participant, de la participante Date Une copie de tout manuscrit de recherche sera expédiée aux participants qui en feront la demande en indiquant l‘adresse où ils aimeraient recevoir le document, juste après l‘espace prévu pour leur signature. Le premier manuscrit ne sera pas disponible avant la fin de 2009. Si cette adresse changeait d’ici cette date, vous êtes invité(e) à informer le chercheur de la nouvelle adresse où vous souhaitez recevoir ce document. L‘adresse à laquelle je souhaite recevoir une copie des manuscrits de recherche est la suivante : 109 ___________________________________________________________ __________ ___________________________________________________________ ___________________________________________________________ __________________ J‘ai expliqué le but, la nature, les avantages, les risques et les inconvénients du projet de recherche au participant. J‘ai répondu au meilleur de ma connaissance aux questions posées et j‘ai vérifié la compréhension du participant. ___________________________________________________________ Signature du chercheur Date 10. Plaintes ou critiques Pavillon Alphonse-Desjardins, bureau 3320 2325, rue de l‘Université Université Laval Québec (Québec) G1V 0A6 Renseignements – Secrétariat : 418 656 - 3081 Télécopieur : (418) 656-3846 Courriel : [email protected] 110 Projet approuvé par le Comité d‘éthique de la recherche avec des êtres humains de l‘Université Laval (no d‘approbation 2009-150), le 29 juin 2009. Appendix 2 – List of Questions La commercialisation des services de certification offerts par des experts-comptables en cabinets Thèmes d’entretien 1. Parcours de l’interviewé et généralités Quel est votre parcours professionnel? o Titre professionnel? Depuis quand faites-vous partie du cabinet X? Quelle est votre fonction actuelle au sein du cabinet X? o En quoi consiste-t-elle? 2. Perception et appréciation de la commercialisation des services de certification Votre perception générale de la dynamique du marché des services de certification que se partagent les cabinets comptables. o Cette dynamique a-t-elle changé depuis l‘affaire Enron? Comment? Votre appréciation de la compétitivité qui peut exister entre les vérificateurs dans le processus des offres de services. o Croyez-vous que la concurrence est une bonne chose du point de vue de la profession comptable? Pourquoi? Croyez-vous qu‘il est pertinent de vouloir contrôler le degré de commercialisation au sein de la profession comptable? Pourquoi? Le cabinet comptable peut-il avoir une emprise sur le degré de commercialisation en son sein? Comment? 3. Opinion et pratiques concrètes Votre avis sur des questions comme les suivantes : o Les effets de la compétitivité entre les cabinets et les enjeux qui s‘y rattachent. o Est-ce que les pressions découlant de la compétition entre les différents cabinets sont plus importantes que les pressions internes visant à atteindre une meilleure rentabilité? 111 o Les différences entre l‘avant et l‘après Enron, en ce qui concerne la commercialisation au sein des cabinets comptables. La commercialisation vous affecte-t-elle au jour le jour? Comment? o La possibilité que certains cabinets adoptent une approche « low-balling » - offrir des services à prix moindre afin d‘obtenir le mandat de vérification. Les risques liés à l‘adoption d‘une telle approche de recrutement de clientèle à l‘égard de la qualité des opinions émises par les services de certification. o Existe-il une pression qui pousse à vouloir être un professionnel rentable pour la firme? Quels effets est-ce que ce type de pression peut avoir sur les mandats de certification? Le régime de rémunération des associés est-il susceptible d‘induire des effets de commercialisation? Est-ce que les critères utilisés pour nommer les nouveaux associés sont basés sur des facteurs liés à la commercialisation? Quels mécanismes votre cabinet a-t-il mis en place pour contrôler le degré de commercialisation au sein du cabinet? Que pensez-vous de ces mécanismes? 4. Normes professionnelles qui régissent ces processus de commercialisation Points forts et faiblesses des normes professionnelles qui régissent ces processus de commercialisation. Y a-t-il amélioration possible au niveau de la surveillance des processus de commercialisation et rentabilisation des services de certification ? Est-ce que la surveillance et la divulgation des niveaux de rentabilité des vérificateurs pour les dossiers de vérification des sociétés ouvertes seraient une façon d‘assurer une transparence et un contrôle sur la qualité des services offerts? 5. Conséquences (réelles ou perçues) Quelles sont les conséquences, pour un associé, de ne pas se conformer aux normes professionnelles et aux politiques organisationnelles en matière de commercialisation? 112 Table 1: Interviewee details Firm Size Big Four Medium Hierarchical Level Small Partner Senior manager Manager Former Experience (in years) Business Audit 16 14 16 16 1 Former 2 x 3 x x 18 18 4 x x 9 8 5 x 27 27 6 x 20 20 7 Former 11 3 8 x 25 9 x x x Former x 9 X x 31 31 10 X x 21 17 x 24 21 x 22 22 Former 32 12 11 12 13 x X Former