“Advisers must recommend the best product” is a sentiment I often hear while discussing what I believe are weaknesses in advice allowing clients to make ‘convenient’ complaints in the future.
I was on a panel at the past FSC conference in September 2024 where I raised the issue of advisers believing the law requires them to exclusively sell the ‘best’ product, as rated by independent services, and how that might actually be against client’s best interests. I urged the FMA and Disputes Resolution Services to debunk that view.
Here is my opinion. First, we must consider what ‘best’ product means? Is it:
- The least expensive product of the type (Life, Trauma, Income Protection, etc)?
- The best product of the type as rated by a product rating service?
- The product that provides the greatest number of benefits?
- The product that best suits the specific client’s needs?
As far as I can tell, neither the Financial Markets Conduct Act, nor the Code, requires advisers to recommend the most highly rated product. While advisers are expected to know their products and give advice with due care, diligence and skill, the best clue to what is required appears to be Code Standard 3, which requires advisers to recommend products that are suitable.
I believe this means that the ‘best’ product is the last one on the list above, the one that best suits the client’s specific needs, even if it is not the most generous or highly rated.
Naturally, recommending the most suitable product requires a thorough understanding of the client’s circumstances, risks and goals and then combining those identified needs with the most suitable product, in a recommendation.
The recommendation must be sufficiently detail rich that the client can understand the advice and the products (and product parameters) recommended. Clients need this level of detail so that they can make an informed decision on whether or not to accept the recommendation.
Don’t get me wrong, I’m not suggesting that product rating services don’t have value, I believe they have immense value. They are an essential tool for adviser product research, comparison and education, but one size doesn’t fit all.
I’m also not saying advisers should refrain from recommending the most highly rated product, very often those will be the most suitable.
Great advice requires knowledge, skill and a very good understanding of the client’s needs. I doubt advisers can simply abdicate their Code Standard three obligations by blindly recommending the top-rated product. This may not be suitable for any number of reasons!