INDEPENDENCE AND INTEGRITY CANNOT MOVE WITH GREED OF ASSIGNMENTS AND FEES

[C.A. DEV KUMAR KOTHARI]

To  maintain and improve integrity the following are essential:

Personal habits:

A. A habit to spent less than earnings and regular saving to create sources of unearned earnings.

B. Be proud of others friends and colleagues who are in better position instead of developing jealousy and competing with them by way of undercutting of fees.

C. Use your spare  time to improve your knowledge and skills  by studies, discussions, writing etc instead of that   you do not have enough work or you are only partly engaged or that you are a partly  faltoo  use of time for studies will improve your capital base to work better for the existing assignments as well as for future.

D. Avoid habit of showing more than what you have as wealth as well as knowledge - be modest.

From institutes:

CA's are basically not marketing persons and they are not supposed to be so. Some CA's have capability and inclination to market themselves and they are able to market their services and get more jobs.

Asistance of marketing persons:

Some relaxations are required. To get sufficient assignments without approaching prospective clients for assignments and existing clients for further assignments, CA should be allowed to announce, circulate and advertise his area of specialization and achievements attained. They can also be permitted to appoint agents for the purpose of making others known about achievement of his principal- CA. Payment of commission to marketing representative based on assignments procured and fees can be allowed.

Advertisement and publicity:

We must move with time, marketing is very essential for success of any business or profession. Let us consider  examples of   VASTUSHASTRA AND  BABA RAMDEV. Advertisements and marketing have made Vastu Sastris and Vastu Sastra an important professional and important vocation of many people. Similarly it is advertisement and marketing  that have made Baba Ramdev a hero. Our institute has also considered and treated him as a hero.

Coming back to CA- Unless one get sufficient assignments, he may  have to adopt unfair means like arm twisting of clients to increase fees, get more jobs and to retain clients and earn money- a sort of malpractices which many  CA's have adopted or say are forced to adopt to survive.

We are strictly following professional ethics, we do not approach existing, past and  prospective clients for work so we do not get much jobs because generally we get job from clients for work which is generally not done properly by people known to them, we also get similar  job from friends and relatives of clients only for such difficult tasks on recommendation of clients. Thus we do not get offers for any general type of tasks except some time from regular clients.

There are many (rather say most of) professionals who approach clients and their officers to obtain professional assignment. Though it may be strictly not allowed as per professional ethics, but the ground realities are that one has to adopt some practices. We must recognize ground realities.

Published material like articles or books are also not an effective means of attracting clients. They are rather good for attracting free service seekers. We receive about 500- 700  queries every year due to our published articles. Many queries are not even related to the article. We send preliminary reply but  readers expect detailed reply- a free service. Once we ask for assignment and confirmation of  fees, most of time  the topic is closed from the other side. Thus, published articles are not at all to promote commercial professional practice. They are at best suited to sponsor free services.      

It is felt that professionals who approach clients and adopt marketing practices, can only flourish in competitive times. As it is not suitable for a professional like CA to directly approach clients or prospective clients, we feel that time has come when CA should be permitted to advertise his specialization and also  to appoint marketing representatives who can meet people and suggest suitable professional for any work.

If marketing is allowed CA will not be afraid of losing any assignment as he will be able to have a waiting list for his approval and can substitute assignment in a short time and as per his choice.  In due course he can have a list of assignments to choose for for acceptance. This will improve integrity of professional.

Let us consider case of  counsels, barristers, senior advocates who appear before courts. They have firms of solicitors which  not only to assist them but also to bring assignments for them. In a way firms of solicitors are also acting as marketing person for such counsels. The solicitors gives option to the client to choose from suitable counsels according to the importance of the case and the budget which the client can afford.

Readers are requested to send their views on the subject.

CA DEV KUMAR KOTHARI               CA UMA KOTHARI