Navigating Climate Change:

Navigating Climate Change: What Solicitors Need to Know

By Landmark Information

The legal landscape is undergoing a major shift as climate change becomes a central concern. In April, the Law Society issued guidance on how climate change impacts solicitors and their clients. This guidance highlights the wideranging effects of climate-related risks on legal practice and emphasises the need for solicitors to broaden their scope of consideration. Adapting to this far-reaching guidance poses a significant challenge for solicitors, who can expect sectorspecific guidance from the Law Society in the future.

The guidance is divided into two main parts, each addressing different aspects of climate change’s impact on legal practice.

Part A focuses on reducing the climate change impact of both law firms and their clients. Law firms are encouraged to assess their annual greenhouse gas (GHG) emissions and set targets to drive them down. The ultimate goal is achieving net-zero emissions by 2050 or even earlier. Larger law firms are required to report their GHG emissions under the UK Streamlined Energy and Carbon Reporting (SECR) regime. This reporting primarily covers Scope 1 and 2 emissions, with the only requirement for Scope 3 being the reporting of business travel fuel usage. Additionally, the Companies (Strategic Report) (Climate-related Financial Disclosure) Regulations 2022 and Limited Liability Partnerships (Climate-related Financial Disclosure) Regulations 2022, based on the Task Force on ClimateRelated Financial Disclosures (TCFD), mandate businesses to assess and report on how climate change risks could affect their operations. To assist law firms in meeting these requirements and reaching net-zero goals, Landmark provides a dedicated sustainability team consisting of Net Zero and Climate Change consultants and environmental lawyers.

Part B of the guidance delves into the risks associated with climate change, both physical and transitional, and how solicitors should advise their clients on these risks. The guidance reaffirms wellestablished duties, including the duty of care, duty to warn, duty to disclose, and duty to uphold service and competence levels, within the context of climate change risks. Property lawyers, in particular, should be aware of the additional risks posed by climate change to properties. While solicitors should refrain from offering advice beyond their knowledge or qualification, they may need to engage in competent discussions with clients about climaterelated legal issues. The guidance recognises the importance of education and knowledge in determining when climate change advice is necessary, considering various factors such as transaction type, property sector, and client. Conducting a climate change search is also recommended as it helps identify the nature and potential changes in physical and transitional risks associated with a property. Solicitors must exercise professional judgment when deciding whether to commission a climate change report for a specific property transaction.

Landmark understands the importance of choice for solicitors in addressing climate change risks. It offers a range of support services, including sustainability training, online webinars, regional Law Society events, and the Landmark Academy. The Academy provides highly informative content to help lawyers enhance their knowledge and competency regarding climate change. Furthermore, Landmark provides solicitors with a product set that allows them to decide whether to obtain a climate change search. This approach aligns with the guidance’s emphasis on choice and recognises the need for a broader perspective on climate change risks, beginning with education and knowledge.

In summary, the Law Society’s guidance on climate change has significant implications for solicitors. To meet the challenges posed by climate-related risks, solicitors must take steps to reduce GHG emissions and work towards achieving net-zero targets. They should also be aware of the additional risks climate change brings to properties and be prepared to advise clients accordingly. Landmark is dedicated to supporting solicitors throughout this journey, offering tailored solutions and fostering knowledge and competency in climate change matters. It all comes down to education, knowledge, and exercising professional judgment in advising clients on climate change matters.

You can find out more by watching Landmark’s latest on-demand video ‘The impact of climate change on solicitors’ at https://www. landmark.co.uk/news-insights/webinars-events/the-law-societyguidance-on-the-impact-of-climate-change-on-solicitors-whatdoes-this-mean-for-solicitors-ondemand.

The webinar is specifically designed for solicitors as a tool to help them understand the guidance and its implications. The session covers two main areas of the guidance.

• Firstly, reducing the climate change impact of the law firm and its clients, which includes assessing annual carbon emissions and setting targets to achieve net zero by 2050.

• Secondly, the guidance examines climate change risks, including the duties of advising and warning clients about such risks.

Distinguished speakers are Kirsty Green-Mann, Head of Corporate Responsibility at Burges Salmon LLP, Professor Robert Lee at Birmingham University, and Simon Boyle, Environmental Lawyer at Landmark.

AGENDA:

• Summary of the Law Society Guidance and what this means for solicitors’ advice

• What’s the role that a law firm plays in reducing its carbon footprint and disclosing climate-related risks and opportunities?

• An overview of how Burges Salmon has implemented Net Zero

• Panel Discussion: What are the requirements for lawyers to fulfil the guidance and next steps for them

• Q&A ■