FEATURE
Legal Practice and Climate Change T
he climate crisis is the greatest threat facing modern humanity and, as we all know, human-induced climate change is already affecting the world with massive deadly changes causing scorching heat, storms, floods, rising sea levels caused by melting glaciers and other natural disasters. The best assessment of scientists indicates that there will be devastating global consequences if rapid and far-reaching changes are not made to limit warming to 1.5°C. To do that, global net human-caused emissions of carbon dioxide would need to fall by about 45% from 2010 levels by 2030 reaching net zero around 2050. The International Energy Agency has also advised that new coal, oil and gas investments should end by 2021 in order to meet such targets. COP26 has demonstrated how the selfishness of nations threatens to make these necessary accomplishments impossible to attain without a drastic change in our behaviour. At COP26, countries representing 70% of carbon emissions were absent (Russia, China, Saudi Arabia and Brazil). India’s promises, although welcome, will take three generations to accomplish assuming that there is no fall-back.
Solicitors, through advocacy or daily practice, can be part of the change needed to tackle the climate crisis and provide a safe environment for future generations. The Law Society’s Council has therefore passed a climate change Resolution1. This Resolution acknowledges the essential role of the legal profession in strengthening and upholding the rule of law, human rights and access to justice which are vital for society as a whole, including for advancing efforts which mitigate the climate crisis and strengthen climate justice. It further acknowledges that solicitors have played a crucial role historically in fundamental positive societal changes and can lead in mitigating the climate crisis to avert its worst effects, including by supporting their clients and (for in-house solicitors) their employers in doing so.
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This Resolution binds the Law Society only and does not bind its members. It resolves, amongst other things, to support solicitors to be fully informed on how they might act to mitigate the climate crisis and provide guidance to solicitors on how, when approaching any matter arising in the course of legal practice, to take account of the likely impact of that matter upon the climate crisis in a way which is compatible with their professional duties and the administration of justice. It urges solicitors, always in a way which is compatible with their professional duties and the administration of justice, to engage in climate conscious legal practice by continuing education, approaching any matter arising in the course of legal practice with regard to the likely impact of that matter upon the climate crisis and providing, whether themselves or through others, competent advice to their clients on how they can achieve their objectives in ways which mitigate the effects of the climate crisis. And it urges us to promote adaptation to climate change and the potential legal risks and liabilities that may arise from action or inaction that negatively contributes to the climate crisis. Further it urges solicitors when advising clients, where applicable, to advise about the benefits of disclosure of climate-related risks and opportunities related to their entire business operation (including supply chains) when reporting to regulators, investors and stakeholders and on the assessment, monitoring, management, mitigation and reporting on such risks. The Resolution also urges law firms and organisations that support the legal industry to operate in a way which restricts the increasing global warming to well below 2°C and to pursue efforts to limit the increase to above 1.5°C pre-industrial levels by adopting science-based targets and practical measures to reduce the environmental impact of their businesses and policies and by reporting publicly on the steps taken to meet these commitments and the outcomes of such steps. We all understand that professional considerations require that there is no influence or restriction on the independence of the
