Navigating Climate Change Legal Risks: A Solicitor’s Professional Duties Unveiled
The impact of climate change on solicitors’ professional duties is becoming increasingly significant as the legal landscape evolves to address environmental challenges. Solicitors have a duty of care to exercise reasonable care and skill, considering the implications of climate change on various areas of law, businesses, and society.
In fulfilling their duty to warn clients of potential risks, solicitors must be aware of climate legal risks that may impact their clients’ interests. This includes disclosing relevant information to clients and upholding service and competence levels in line with regulatory requirements.
Solicitors are encouraged to develop their competence in understanding climate-related legal issues and to consider seeking specialist assistance when necessary. The SRA Principles, which outline ethical behavior expectations for solicitors, also play a role in guiding professional obligations in the context of climate change.
When engaging with clients, solicitors should communicate their approach to providing legal advice on climate change issues and consider whether climate legal risks are material to their advice. Decisions on whether to advise on climate-related matters may impact the solicitor-client relationship, with some firms choosing to limit instructions based on their own climate change commitments.
The scope of the retainer between solicitors and clients may need to address climate legal risks, as clients face increasing pressures to demonstrate responsible approaches to climate issues. Professional indemnity insurance considerations and the role of in-house lawyers in advising on climate legal risks are also highlighted in this evolving landscape.
Overall, solicitors are encouraged to stay informed, seek educational resources, and adapt their practices to meet the challenges and opportunities presented by climate change in the legal profession.