How to be a climate change lawyer, right now.

I like to describe myself as a climate change lawyer.

But being totally honest – I have yet to form a settled view of what that really means.

When I began my legal training at one of the world’s biggest law firms in 2013, to the best of my recollection there was no ‘climate’ or ‘ESG’ practice where I could spend part of my time as a trainee, nor do I recall there being such jobs on offer when I qualified as a lawyer in 2015.

Fast forward to the end of 2024 and it is clear that climate change presents the greatest and most complex threat humanity has ever faced. We no longer speak about climate change – the language on the conference circuit now is that of a ‘climate catastrophe’, the polycrisis[1], or, to quote the Secretary General of the United Nations in 2023, “global boiling”.

I have long held an instinct that all lawyers (not just Environmental or Energy lawyers!) must have a role to play in supporting our global response to this challenge and have spent almost two years now trying to understand what it means to be a ‘climate change lawyer’.

Of that time, I have spent the last nine months as the Managing Partner of Gen-R Law!

With the end of the year approaching, I wanted to share a few insights from my journey so far.

So here are ten thoughts on how any lawyer, whether you are in-house or in private practice, and whatever your specific area of expertise, can start themselves on a path towards becoming a climate change lawyer. For simplicity, I have drafted this from the perspective of an in-house lawyer, but all of the same considerations apply to those in private practice seeking to support clients with climate-related challenges or raise awareness of these issues within their own firm.

1 – Start by learning the basics of climate change. You don’t need to have a perfect knowledge of every aspect of the climate crisis, but it is helpful to have a high-level familiarity with the key issues and the science. Once you have developed this, drill down a little into the specific issues that are relevant to your business and industry. A great book to get started is “How to Avoid a Climate Disaster” by Bill Gates.

2 – Next, spend some time understanding the key climate-related risks to which your business considers itself to be exposed, and the actions being taken in response. What are the headline targets and key milestones that have been set to measure progress along the way? Many businesses already report information in this space using frameworks like the Global Reporting Initiative (GRI), the FSB Task Force on Climate-related Financial Disclosures (TCFD), or in accordance with the SASB standards (the Sustainability Accounting Standards Board). These reports are often found wrapped up in a company’s Annual Report and offer a useful starting point to help understand the main pressures your colleagues are navigating.

3 – Start thinking about climate change in terms of physical, transition and liability risks. These are the physical risks to which assets and infrastructure might be exposed as a result of climate change and extreme weather (directly and in supply chains), the risks to which a business is exposed as the global economy transitions towards cleaner technologies and less harmful business models, and the legal risks to which a business might be exposed as a result of its historical or ongoing activities which have caused environmental harm and for which it might be held liable. At every stage, think about the range of legal considerations which apply, covering the spectrum of banking law, insurance law, litigation, environmental law, and beyond.

4 – If your business is regulated, take the time to review the regulator’s approach, guidance, and enforcement strategy towards climate-related topics. As a general rule, regulators are concerned about a lack of alignment between corporate strategies on the one hand, and national transition targets on the other. Regulators are also increasingly concerned to understand how those businesses they are responsible for are managing their transition and liability risks. By referring to relevant regulatory guidance in conversations with colleagues, we can keep climate change front of mind in corporate decision-making.

5 – Engage with your businesses’ Sustainability Committee or ESG Working Group. If you don’t have one, seek out colleagues who share your interest and set one up! Present this initiative as a positive opportunity to build shareholder value, future-proof the business and develop new revenue streams. Focus on the positive case in support of the initiative, rather than leading with alarm calls about the impact of climate change. Your instinct to sound the alarm is entirely proper but risks arousing an element of suspicion with colleagues who may not understand the science as well as you do.

6 – Understand the way that you can use contractual clauses to drive progress on climate-related topics throughout your business and its supply chain. A great starting point is the excellent work that has been done by The Chancery Lane Project, which is freely accessible. Make these considerations a routine part of your daily work, as fundamental to your day job as reps, warranties and indemnities.

7 – Understand your business’ existing governance around climate-related risk. Who has executive responsibility for climate-related issues? Get in touch and ask how you can help – I guarantee they will be grateful! What climate-related topics appear on your corporate risk register? Who owns these risks and where could your legal expertise provide support? What climate-related disclosures do you make to the market or as part of your regulatory licencing processes? Are these consistent with the projects your business is engaged with? By understanding how your business is already thinking about climate governance, you can identify opportunities to offer support, and flag activities that might be inconsistent with your business’s stated risk appetite or public position in this space.

8 – Use your pro-bono time to support projects focused on climate and nature-related issues. In addition to making a positive contribution, pro-bono work is a great way to upskill on relevant topics and develop contacts in the climate space.

9 – Speaking of your (precious!) spare time, think about using some of it to engage with the amazing legal communities who are already out there working on this challenge. Between the Global Alliance of Impact Lawyers (GAIL), Legal Charter 1.5, the Net Zero Lawyers Alliance, Legal Voices for the Future (if you are a little more junior), or Adam Woodhall and the General Counsel Sustainability Forum (if you are a GC!), there is truly something for everyone. For those with a particular interest in environmental issues, the UKELA – UK Environmental Law Association is a brilliant organisation.

10 – Be the voice of the climate in every room. To borrow a phrase from the brilliant team at ClientEarth, treat the Earth as your client. Challenge colleagues to explain how every project you are involved with supports your climate objectives and broader values. If it might run contrary to those objectives, point that out, and use your platform as a lawyer to explain the range of legal risks (greenwashing, litigation, shareholder activism, regulatory, etc.) to which the business might be exposed as a result, gently steering your colleagues in a more planet-positive direction.

…

Above all, if you want to become a climate change lawyer, start by being kind to yourself and don’t expect your efforts to be perfect.

Climate has never formed part of our professional training and it takes time to get up the curve. It is still the case (to my immense irritation) that climate does not form part of the core modules required as part of a qualifying law degree in England and Wales[2]. There is a lot to learn in this rapidly evolving field, and that journey cannot be rushed.

A few months ago, I was speaking with Matthew Gingell, the Founder of the Chancery Lane Project, about our role, as lawyers, in addressing the climate crisis. Matt is someone I admire immensely, and – as ever – he was totally on point with his views. Matt said the following, which I took the liberty of jotting down as he spoke:

“Lawyers are not mere advisors.  They are some of the brightest and most influential people on the planet.  They are in a unique position to positively influence and inspire clients and their projects for a better tomorrow.”

How right he is.

…

I guess, in truth, I am still not entirely sure what a climate change lawyer is.

But I am sure about one thing. I am a climate change lawyer.

With a little belief and a willingness to step into the unknown, you can be a climate change lawyer too. So welcome to the team, friend. We have a lot of work ahead of us.

Footnotes

[1] A ‘polycrisis’ is a convergence of many different crises, each of which makes it harder to resolve the others. In this context, think about the amplification effect of combining the impact of climate change, biodiversity loss, plastic pollution and air pollution. Each of these are different but related problems, and they each make it harder to resolve the others.

[2] Astonishingly, EU law remains a key requirement, notwithstanding that the UK left the EU on 31 January 2020.