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26 April 2023
Issue: 8022 / Categories: Legal News , Profession , Environment , ESG
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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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