Why Lawyers Are Giving Polluters the Boot: Keeping it Clean and Green

In a landmark move, the Law Society of England and Wales has declared that law firms can refuse to act for polluters if their client activities obstruct progress towards net zero or contradict the firm’s own climate change values.

The Law Society advises practices to evaluate the impact of their stance on climate change on staff, especially as this becomes increasingly relevant for young lawyers and prospective employees.

The organisation also notes that law firms might want to consider accommodating employees who view climate commitment as a ‘recognised philosophical belief’ protected under the Equalities Act.

This guidance comes at a time when law firms are being more closely scrutinised for their climate credentials, with the impact of climate change now relevant to legal advice.

Commenting on this move, David Pett, Director with MJP Conveyancing said: ‘We are fully supportive of this important initiative. Climate change is not a future threat, it is very much an issue which exists here and now. Conveyancers must take this into account when advising their clients – a flood-free zone in Norfolk now may not be free of risk in 10 years' time. It will also impact on lending criteria especially when we are seeing more and more mortgages with terms of more than 20 years.’

The Law Society provides guidance on how to discuss this in compliance, avoid any accusation of greenwashing, and what considerations to evaluate when accepting client instructions. This first-in-the-world global climate change guidance is a comprehensive 29-page document that provides solicitors and firms with direction and actionable advice on various aspects of addressing climate change.

While the duty to provide access to justice to all is recognised, and individual lawyers may make their own decision to represent any client, the Law Society’s guidance presents this as something legal professionals can take into account in an environmental context, given the confusion on the best practices to employ.

President of the Law Society, Lubna Shuja, commented that solicitors should understand and be aware of the constantly evolving and far-reaching impact of climate change on their practice, as well as the legal advice they provide, to remain competent and compliant.