top of page

Legal Profession

The legal profession is becoming key in addressing the challenges of climate change. For example, the Law Society published its Climate Change Resolution in 2021 outlining the role that solicitors can play in addressing the climate crisis. Importantly, the resolution urged legal professionals to approach matters in a way that regards climate realities and identifies climate change risks, liabilities and ‘greener courses of action’ as a means of future-proofing the profession.

The role of lawyers in the sustainability discourse varies, often in competing ways. Lawyers can play a key role in advocating for climate-change policies, such as from climate change litigation. A good example of this work can be found in Client Earth’s work. Columbia Climate School, Sabin Center for Climate Change Law in Columbia Law School has created a Database of Climate Change Litigation in the US and internationally. 


On the contrary, there are litigation lawyers that work for a large corporate law firm. Their clients may be a fossil-fuel company that is sued by an NGO for their current and historic GHG emissions.  


In another scenario, lawyers can play a crucial role to provide legal advice in the field of  compliance and disclosure, such as enforcing the legal frameworks for a green transition according to Legal500. This includes working as an in-house lawyer and advising internal teams at a company on the implications of evolving regulations or working externally and advising a range of corporate clients on understanding their obligations and navigating the new waves of environmental compliance requirements and the legally binding targets affecting most businesses. 


Another example includes enabling change from contract drafting and transactions. But this largely depends on the client’s needs and best interests rather than those of society as a whole – which can be quite indicative of the competing priorities within the legal profession and progress as a whole. 


Disclaimer: This section does not focus on the legal profession in a specific jurisdiction or international environmental law. Instead, it focuses on the intersection between legal professionals and the sustainability agenda more broadly. 


Based on the survey, what are the key skill sets most important to succeeding in this role? 

  1. Quick learner: Read and understand vast amounts of information quickly. 

  2. Agility: Responding in agile ways to the upcoming regulations and sustainability-related disclosure landscape.

  3. Legal knowledge: Understanding regulations relating to sustainability.

  4. Commercial awareness: Keeping up with commercial topics. 

Career Case Study

Solicitor at a Global Law Firm 


What does a day in your life look like? 

I spent time in two different teams that both worked on ESG-related issues. In the project development and finance team, we focused on renewable energy projects – drawing up and negotiating contracts behind their financing, construction and operations. In the litigation team, we worked on environmental and human rights lawsuits (acting for the defendants, e.g. oil & gas or mineral companies being sued for violations). In both teams, we advised clients on ESG-related issues, such as complying with supply chain-related legal obligations or reporting obligations.


In terms of the day-to-day, in the project development and finance team, I spent a lot of time reviewing client and counterparty comments on contractual clauses, amending the contracts to reflect these comments, and attending meetings to discuss outstanding issues with the clients and counterparties. I also spent time doing research on the latest trends in clean energy technologies, which helped with the team’s business development efforts (i.e. producing know-how that the team can use to show clients that we understand their industry and therefore win their mandates).


In the litigation team, I spent time doing legal research and writing research memos on cases we were working on and on other high-profile cases that our clients may be interested in, reviewing evidence in lawsuits, and assisting with various admin tasks surrounding legal cases. I also spent time researching topics such as greenwashing, human rights abuses in supply chains, and the COP conferences (Note: COP stands for Conference of Parties, an international conference organised by the United Nations Framework Convention on Climate Change every year). 


What were the key skills you think were most important for doing well in the rotation (in the ESG team)?

As a lawyer working on ESG-related issues, you need to have a genuine interest in this area of law, have good communications skills, teamwork, attention to detail and an analytical mind. Below are the specific skills for the different teams. 


Project development and finance 

As the work you’d be doing will be primarily transactional (you are helping clients make transactions happen, e.g. building a wind farm or a solar park), you need to be able to work in a fast-paced environment, be pragmatic and solution-oriented, and have strong interpersonal skills. It is also important to develop good contract drafting skills. 


You will also benefit immensely from having some understanding of the technologies and industries you are working on (e.g. How does a wind turbine work? How does an electricity grid work and how would a wind farm fit into that? What are the pros and cons of wind energy? What are the main players in wind energy in your jurisdiction/market? How long does it take to build a wind farm and what are the main risks surrounding it?). 


Environmental litigation

You need to have strong analytical and research skills which will benefit you when researching difficult legal issues. You need to be able to see the big picture when working on a case and understand how a wide range of complex issues fit into that big picture. You will also need good case management skills as there will be a variety of administrative tasks involved with every court case. 


Again, it would be helpful to have some level of scientific understanding of your case. For instance, how does a product at the centre of a court case cause water pollution? What are its effects / how does it affect the environment, people and animals?


(Sector-specific question): How would you say the legal sector is being impacted by sustainability? 

The legal sector is being impacted by sustainability issues on a number of fronts. 


Regulatory compliance: Countries are imposing increasingly stringent environmental regulations and standards. Companies need lawyers to advise them on how to ensure compliance with these new obligations. 


Litigation: As mentioned above, environmental and human rights issues are increasingly the subject of litigation. Both claimants (often local communities or groups of people who have suffered some kinds of wrong) and defendants (often oil, mining and other types of multinational companies) need lawyers to represent them. 


Corporate governance: Companies are increasingly expected to introduce policies to ensure their compliance and meet shareholder or public expectations. 


M&A transactions: As ESG issues grow in importance, they are now increasingly factored into consideration in M&A transactions. For example, if company A (a conglomerate) buys company B (a water company) and, after the transaction, the news break out that company B has been pumping untreated sewage into rivers and causing water pollution, then company A (now owning company B) may face a reputational crisis resulting in adverse financial consequences and the prospect of government enforcement action and penalties. Therefore, before company A agrees to the purchase, it will want to make sure it conducts thorough due diligence on company B’s environmental records and ensures there are mechanisms through which it can protect itself from risks arising from any past sustainability issues company B may have. Lawyers have a key role to play in such due diligence and in negotiating contractual clauses that manage related risks.


Legal industry itself: Of course, the legal sector itself is also thinking about its role in climate change and exploring ways to reduce emissions. Many law firms have introduced emissions targets and initiatives to help them achieve these goals.


Advice for young people looking to enter this field: 

 

Speak to as many people as possible who are working in environmental fields. It doesn’t matter whether they are lawyers or not. There is so much happening in the field right now that it will help to get exposure and insights on what others are doing to inform your own career.


bottom of page