New guidance for in-house solicitors

The Law Society of England and Wales has unveiled a new climate change guide intended for in-house solicitors. This guidance aims to assist legal professionals in both the public and private sectors throughout England and Wales, helping them implement the Law Society's groundbreaking 2023 guidelines on solicitors' core professional duties in relation to climate change. Law Society president Mark Evans remarked “Climate change is reshaping the legal landscape, and reducing carbon emissions is part of responsible legal practice.”

The aim of the guide is not just to inform but to empower in-house solicitors to comprehend the implications of climate change for their organisations and the clients they advise. Evans elaborated, “We want to help in-house solicitors understand what this means for their organisation and those they advise and the steps that can be taken to reduce environmental impact in a practical and proportionate way.”

In-house solicitors face unique challenges given their embedded role within organisations, needing to balance their legal responsibilities against institutional demands or business needs. Evans noted, “The embedded nature of the in-house solicitor creates unique challenges and opportunities. Unlike external advisers, in-house counsel must navigate climate risks within the organisations they serve directly.” The guidance is tailored to help these busy professionals identify where climate risk might intersect with their traditional duties.

The newly released guidance covers several critical areas, detailing how in-house solicitors’ core professional obligations are impacted by climate change. It identifies potential climate-related legal risks encountered in everyday practice, which includes aspects such as regulatory compliance, disclosure, contracts, governance, greenwashing, and litigation exposure. In addition, the guide provides a practical checklist designed to assist in-house legal teams, regardless of their size, to incorporate climate considerations into their legal advice, contracts, policies, and reporting.

For further insights, resources such as the in-house guidance and the 2023 climate change guidance are accessible for reference.