Ahead of COP26, the Law Society, the independent professional body for solicitors in England and Wales, has published a critical climate change resolution which:

“Resolves to develop plans and take rapid action, in a manner which is consistent with
restricting global warming to 1.5°C, by adopting science-based targets.”

The Resolution raises urgent questions for lawyers in England and Wales such as:

  • Can I be sued for professional negligence if I fail to advise clients appropriately re potential breaches of 1.5˚C limit?
  • Given the devastating risks of exceeding 1.5˚C could it ever be in my client’s best interests to advance a transaction that risks breaching that limit?
  • If I provide professional support for transactions that breach the 1.5˚C, do I make myself complicit in the ultimate crime against humanity?

Law Society Climate Resolution in Full