Law Society publishes guidance for solicitors on climate change
Published on 3rd Jul 2023
The Law Society has published guidance on the impact of climate change on solicitors. In-house lawyers are also covered by this guidance.
As well as setting out how firms can transition to net zero, the guidance covers how climate change issues might be relevant to client advice and relationships and professional duties. The specific guidance for disputes lawyers is as follows:
"You should understand and advise clients on:
- Global developments in climate litigation and the increasing likelihood of litigation in relation to climate change (including strategic climate litigation)
- the variety and innovation in the nature of claims brought in relation to climate change, (greenwashing, biodiversity damage, protected species), and the parties bringing them (shareholders challenging boards, NGOs (and future generations), ….and governments challenging corporations);
You should advise clients on climate litigation risk, including developing appropriate mitigation and oversight mechanisms and avoiding misrepresentation."
The Law Society guidance also highlights that in-house lawyers may "need to develop a broad understanding of climate risks and climate legal risks to provide holistic advice to the organisation" and so "may need to consider and seek educational resources as needed for this role and also to consider if external legal advisers have the relevant skills for their retainer".
Greenwashing litigation under English law was covered recently during Osborne Clarke's Disputes Week by Jane Park-Weir, Chis Parsons and Daniel Bishop and the recording for that session can be accessed here. Jane also discussed sustainability litigation across Europe with Chris Wrigley and Lucie Mongin-Archambeaud and the recording of that talk can be accessed here.
