The Legal Profession and Climate Change
Vivien Holmes and Julian Webb
Lawyers have a unique role to play in the transition to a low-carbon, sustainable economy. The International Bar Association[1] (‘IBA’) has recognised the severity of the threats posed by the climate crisis to human society and the importance of legal professionals’ work in bringing about a just transition. Its Climate Crisis Statement thus urges lawyers ‘to consider taking a climate conscious approach to … legal practice’ and ‘to engage with current and future legislative policy making efforts to address the climate crisis.’[2] Likewise, the Law Council of Australia’s Climate Change Policy states that ‘[l]awyers should be alive to the unfolding legal implications of climate change and its consequences, and they should be informed, skilled and ready to assist clients on climate change-related legal matters, within their areas of skill and competence.’[3]
Lawyers work on all sides of the climate crisis. A ‘climate conscious’ approach, which ‘requires an active awareness of the reality of climate change and how it interacts with daily legal problems,’[4] is increasingly relevant to all areas of practice. Some examples of ‘climate conscious’ legal work are:
- Lawyers are important architects of regulatory frameworks for clean energy, sustainable economies, environmental protection, etc. Lawyers have developed legal resources to support the transition to clean energy — eg The Chancery Lane Project; Legal Pathways to Deep Decarbonisation in Australia.
- Lawyers advise business clients about compliance with existing regulatory frameworks and how those frameworks are likely to change to take account of climate responsibilities; in this role they can support and encourage clients to be good climate actors.
- Lawyers prosecute breaches of environmental standards.
- Lawyers educate communities about their rights to engage in legal processes on climate change grounds.
- Lawyers act for claimants in public interest cases that aim to hold governments and the corporate sector to account for climate damage.[5]
- Lawyers defend climate protestors charged with public order offences.[6]
This chapter first examines the idea that lawyers have a special role to play in addressing the climate crisis. It then discusses the regulation of lawyers in Australia, including the conduct rules, and whether the current regulatory framework facilitates or impedes lawyers acting as ‘climate conscious’ lawyers. Finally, it considers gaps in the rules — that is, where the rules provide little or no guidance for a climate conscious lawyer — before discussing current developments and future trends.
Key Questions
As you read through this chapter, consider whether:
- lawyers do in fact have a special role to play in addressing climate change.
- you think the conduct rules need reform to better enable lawyers to work in a ‘climate conscious’ way.
- The IBA describes itself as ‘The foremost organisation for international legal practitioners, bar associations and law societies.’ It was established in 1947 ‘with the aim of protecting and advancing the rule of law globally … [and to influence] the development of international law reform and [shape] the future of the legal profession throughout the world.’ ‘About the IBA’, IBA (Web Page) <https://www.ibanet.org/About-the-IBA>. ↵
- ‘Climate Crisis Statement’, IBA (Web Page, 16 July 2024) <https://www.ibanet.org//Climate-Crisis-Statement>. ↵
- Law Council of Australia, Climate Change Policy Statement (27 November 2021) [53]. ↵
- Hon Justice Brian Preston, ‘Climate Conscious Lawyering’ (2021) 95 Australian Law Journal 51, 52; see further section 2, below. ↵
- See United Nations Environment Programme, Global Climate Litigation Report: 2023 Status Review. ↵
- See Human Rights Law Centre, Protests in Peril. Our Shrinking Democracy (2024). ↵
A regulatory framework governs the conduct of companies, organisations and individuals operating in the regulated industry or sector. The framework comprises legislation (Acts, regulations and rules) as well as procedures, guidelines and standards.
