Sustainability – opportunities and obstacles

Day 3 of the Society's 2024 Annual Conference had a focus on sustainability, with the theme of the day being titled, 'An Innovative and Sustainable Future'.

One of the panel discussions titled "Sustainability Opportunities and Obstacles," saw various speakers from the legal profession, including Paul Gostelow, Alastair Morrison, Mark Cruikshank, and Kirsty Mitchell, share insights on the challenges and potential avenues for promoting sustainability within the legal industry. The session highlighted the critical need for a coordinated response to climate change, with the legal sector playing a pivotal role.

Paul Gostelow, convener of the Law Society's Sustainability Committee and Director at Baker Gostelow Law, highlighted the legal profession’s responsibility to address climate change. He stated that his commitment to this cause "underlies [his] enthusiasm to be part of the journey that the Law Society and the legal sector are on". Reflecting on previous conferences, Paul described the transition from an initial "declaration of intent" to a concrete, outcome-focused strategy for embedding sustainability within the Law Society's operations.

Paul outlined three main initiatives led by the Sustainability Committee:

1. Issuance of a climate resolution: This aligns the Law Society with the International Bar Association and other jurisdictions in a global commitment to address climate change.
2. Creation of a resources hub: This online resource supplies members with information, support, and materials, providing a foundational guide for those embarking on their sustainability journey.
3. Fostering collaborative dialogue: Paul emphasised that "no one has all the answers" in sustainability. Rather than competition, he encouraged building “sustainability pathways on sharing, talking, and listening to each other”.

Paul observed that, despite significant obstacles, including governmental priority shifts and inherent challenges of climate anxiety, the legal community was already advancing in this space. He urged attendees to embrace these opportunities, stating, "making that choice will make a difference".

For more information on the Sustainability Committee, how you can get involved and the wealth of resources available to you, please click here.

The One Million Hours Project

Alastair Morrison, Head of Client Strategy at Pinsent Masons and founder of the One Million Hours Project, shared his journey and goals for the project. Initially recognised for his innovative approach in the legal sector, Alastair recounted his role in establishing the project, which he described as grounded in the "learn, earn, return" life philosophy. The project aims to mobilise the legal community to contribute one million hours towards sustainability and pro bono work, with particular emphasis on supporting organisations like Blue Marine to combat biodiversity loss and climate impacts on oceans.

Alastair highlighted the collaborative aspect of the initiative, with the need for collective action. He stated, "no one has the answers; we all muck in together," reinforcing the shared responsibility of the legal profession to drive meaningful change.

You can find out more about the One Million Hours Project here.

The In-house Sustainability Toolkit

Mark Cruikshank, a specialist in intellectual property and sustainability at NatWest, introduced the Sustainability Toolkit for in-house lawyers which he developed with a group of in-house lawyers from different sectors and organisations to support in-house lawyers with resources tailored to addressing sustainability issues. This toolkit includes clauses, agreements, and guidance on greenwashing, supply chain management, and carbon offsetting. Mark noted the challenge of navigating the extensive and evolving legislation in this domain, saying, "it’s difficult to get your head around the sheer volume and pace of legislation".

The toolkit serves as a free resource accessible online and also covered in a variety of Journal articles. Mark emphasised the toolkit’s role in fostering a supportive community of in-house lawyers: "It’s about trying to create a community where people can share what they’re thinking about". He noted the importance of engaging with business stakeholders to underscore the benefits of sustainability, even when resources are limited.

You can read more about the In-house Sustainability Toolkit and the various events here.

Kirsty Mitchell's perspective on opportunities and challenges

Kirsty Mitchell, a legal manager at Opportunity Green, shared her perspective on sustainability from a dual lens of personal commitment and professional expertise. She acknowledged the regulatory complexity surrounding climate change law and policy but preferred to focus on the opportunities for lawyers to drive impactful change. Legal professionals, Kirsty argued, are "key to facilitating the development of projects and infrastructure needed for us to transition to a net zero energy system".

Kirsty also highlighted the role of climate litigation, sharing the example of the KlimaSeniorinnen case in Switzerland, where senior women challenged the Swiss government in the European Court of Human Rights for failing to protect their health from climate risks. Cases like this illustrate how legal professionals can catalyse policy shifts and public awareness.

In addition to litigation, Kirsty underscored the non-contentious roles that lawyers can play in green projects, including providing regulatory and planning advice for renewable energy initiatives. Kirsty noted that in-house lawyers, in particular, have a unique position to integrate sustainability across departments and influence senior decision-makers, thereby driving change from within.

Find out more about Opportunity Green here.

For anyone interested in learning more about sustainability, then come along to the upcoming Legal Sustainability Alliance workshop, in collaboration with the Society, scheduled for Thursday 7 November 2024, aimed at offering "practical support for law firms" on initiating and maintaining sustainability efforts. More details available here.

Beth Anderson, Head of Member Engagement at the Society, and Chair of the Annual Conference on Day 3 commended the collaborative spirit of the legal community, reiterating that "pulling together and doing this as a legal community is really inspiring".

These initiatives discussed during the panel affirmed the legal sector’s growing involvement in sustainability, encouraging professionals to view their work as part of a broader societal effort. The upcoming Legal Sustainability Alliance workshop promises to continue this conversation, fostering further collaboration and action across the profession.

Written by Rebecca Morgan, Editor of the Journal, Law Society of Scotland