header-logo header-logo

26 April 2023
Issue: 8022 / Categories: Legal News , Profession , Environment , ESG
printer mail-detail

Climate guidance for solicitors issued

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
back-to-top-scroll