Earth Day 2023 - How Law Firms Can 'Invest in Our Planet'

Saturday, 22nd April 2023 is Earth Day and this year’s theme is ‘invest in our planet’. The theme is designed to persuade businesses, governments, and people around the world of the need to invest in our planet to improve the environment and give our descendants a better and safer future.

President of Earthday.org, Kathleen Rogers, said in a press release:

“In 2023 we must come together again in partnership for the planet. Businesses, governments, and civil society are equally responsible for taking action against the climate crisis and lighting the spark to accelerate change towards a green, prosperous, and equitable future. We must join together in our fight for the green revolution, and for the health of future generations. The time is now to Invest In Our Planet.”

As advisors to governments, financial institutions, and businesses, solicitors are in a unique position to advise and steer clients towards make greener decisions by explaining the risks associated with not factoring in climate change when planning projects or investing in a particular venture. The latter is particularly important as governments and private companies are facing increasing levels of civil litigation by NGOs and shareholders for failing to consider climate change or biodiversity risks when undertaking particular ventures.

The Law Society’s Climate Change Resolution and latest Guidance

In 2021, the Law Society of England and Wales published its Climate Change Resolution in which it committed to (amongst other pledges) supporting and providing guidance to Solicitors on “how, when approaching any matter arising in the course of legal practice, to take into account 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”. The Resolution also called on solicitors to consider the possible climate impact when approaching a particular legal matter and provide advice to clients on how they can mitigate the effects of the climate crises whilst achieving their goals and the potential legal risks of taking actions that may exacerbate climate change. Law firms and suppliers to the legal industry are also encouraged to:

·        adopt science-based technologies and practical measures.

·        operate in a way that keeps the increase in global warming to “well below” two per cent.

In addition, the Resolution asks Law firms and their suppliers to engage in pro-bono environment-related activities, encourage solicitors who want to steer their careers towards specialising in environmental protection law, and support current and future legislation and policymaking that helps mitigate the climate crisis and protect those most affected by it.

The 2021 Resolution was followed by a 29-page guidance note, the impact of climate change on solicitors It sets out how law firms and solicitors can avoid accusations of greenwashing and refuse to act for clients whose activities inhibit progress toward net zero or otherwise conflict with the firm’s own ‘values’ on climate change.

The Guidance provides:

‘Some solicitors may…choose to decline to advise on matters that are incompatible with the 1.5°C goal [of the 2016 Paris Agreement], or for clients actively working against that goal if it conflicts with their values or their law firm’s stated objectives. This is a matter for individual solicitors and law firms, recognising solicitors’ professional obligations.’

Summing up

Law, along with every other industry sector, is under pressure to ensure its business practices do not cause further damage to our already fragile planet and environment. And although the Law Society’s Resolution and Guidance have been welcomed by many, there are those who question whether it is wise for the organisation to wade into political issues such as climate change. Instead, it is argued, its focus should remain firmly in the realms of environmental health.

Regardless of professional opinions, on a personal level most of us want to ensure our beautiful earth and all its inhabitants are protected for future generations. Supporting and celebrating Earth Day this Saturday is a positive way to show your organisation cares about our world.

Albion Legal provides a range of added value products and services, from bespoke employment disputes insurance cover to white-labelled HR software. To discuss any points in the above article or to find out how we can help your business, please phone 0113 2471 717 or email our team.