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26 April 2023
Issue: 8022 / Categories: Legal News , Profession , Environment , ESG
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Climate guidance for solicitors issued

Law firms should be alert to ‘greenwashing’ risks, and should not describe themselves as ‘sustainable’ unless partners are confident this claim can stand up to external scrutiny.

When presented with a new instruction, solicitors should consider whether climate legal risks may be material to their advice. And reasonably competent solicitors should be aware of the impact and relevance of climate change to their practice area and be able to advise clients accordingly.

Solicitors can choose to decline work that conflicts with their values on climate change.

Moreover, in order to obtain professional indemnity insurance in future, law firms may be asked to demonstrate how they are equipping themselves to advise on climate legal risks and to identify when they are not competent to advise.

The above is included in the Law Society’s ‘Guidance on the impact of climate change on solicitors’, issued last week.

The guidance is in two parts. Part A covers how organisations should manage their business in a manner consistent with the transition to net zero. Part B provides guidance on how climate change physical risks and climate legal risks may be relevant to client advice.

Caroline May, chair of the Law Society’s climate change working group, said the group believed the guidance was the first of its kind for the solicitors’ profession anywhere in the world.

Lisa McClory, a solicitor specialising in technology and sustainability and director at Fractal Legal, said: ‘The list of areas where solicitors should advise their clients is quite extensive, and all practitioners will have to take this seriously in order to stay up to date with climate science.

‘It would be helpful to see some formal guidance from regulators on the extent of solicitors' professional duties to advise clients of climate-related risks, and also some further recognition of equally important risks from biodiversity and nature loss.’

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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