header-logo header-logo

Climate guidance for solicitors issued

26 April 2023
Issue: 8022 / Categories: Legal News , Profession , Environment , ESG
printer mail-detail
Law firms should be alert to ‘greenwashing’ risks, and should not describe themselves as ‘sustainable’ unless partners are confident this claim can stand up to external scrutiny.

When presented with a new instruction, solicitors should consider whether climate legal risks may be material to their advice. And reasonably competent solicitors should be aware of the impact and relevance of climate change to their practice area and be able to advise clients accordingly.

Solicitors can choose to decline work that conflicts with their values on climate change.

Moreover, in order to obtain professional indemnity insurance in future, law firms may be asked to demonstrate how they are equipping themselves to advise on climate legal risks and to identify when they are not competent to advise.

The above is included in the Law Society’s ‘Guidance on the impact of climate change on solicitors’, issued last week.

The guidance is in two parts. Part A covers how organisations should manage their business in a manner consistent with the transition to net zero. Part B provides guidance on how climate change physical risks and climate legal risks may be relevant to client advice.

Caroline May, chair of the Law Society’s climate change working group, said the group believed the guidance was the first of its kind for the solicitors’ profession anywhere in the world.

Lisa McClory, a solicitor specialising in technology and sustainability and director at Fractal Legal, said: ‘The list of areas where solicitors should advise their clients is quite extensive, and all practitioners will have to take this seriously in order to stay up to date with climate science.

‘It would be helpful to see some formal guidance from regulators on the extent of solicitors' professional duties to advise clients of climate-related risks, and also some further recognition of equally important risks from biodiversity and nature loss.’

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll