Are lawyers permitted to advise what the best decision is likely to be?

Question

I have engaged lawyers (who I have not dealt with before) to convey my property. New Zealand being "in lockdown" due to COVID19 has somewhat complicated the transaction. The advice I have received from my lawyers has been inconsistent due, I expect, to lack of case history and certainty.

After their providing guidelines/suggestions I was a bit surprised that the lawyer stated "As lawyers we are not permitted to advise you what decision to make and it is up to you which risk you see as the 'best'"

Is it legally correct that a lawyer is not permitted to provide advice on what decision to make (in New Zealand)? I'm just wondering if they have said this to 'cover their backs' and are dressing it up as a legal constraint?

Answer 1

There is a firm difference between giving advice on "what the best decision is likely to be" and "what decision to make".

The former is what lawyers must do, which comes from:

• Conduct and Client Care Rules:

  Whatever legal services your lawyer is providing, he or she must—

  • discuss with you your objectives and how they should best be achieved:
  • give you clear information and advice:

• Lawyers and Conveyancers Act 2006:

  legal work includes—

  • advice in relation to any legal or equitable rights or obligations:

So, there is nothing in the law that requires lawyers to advise you on "what decision to make". Instead, they explain to you the range of possible decisions and what ramifications / implications / consequences they have. They won't make the choice for you — it's always yours.

Is it legally correct that a lawyer is not permitted to provide advice on what decision to make

It is not strictly true that a lawyer "is not permitted". Rather, they are not obliged to do so. And they have a damn good reason not to: there is a huge difference between being responsible for legal facts based on which you make decisions, and being responsible for decisions themselves.