‘All lawyers need to be ESG lawyers in one form or another’, says Gilly Hutchinson, head of ESG regional development in Asia at Linklaters in Hong Kong. In contrast, others argue that there is no such thing as an ESG lawyer.
In practice, these conflicting views are really two sides of the same coin as both acknowledge that ESG has permeated such a vast range of practice areas that no practitioner remains unexposed. All lawyers are ESG lawyers, and therefore no lawyers are ESG lawyers.
Whatever your personal view there’s no doubt that law firms are actively building up ESG practices with teams of sustainability professionals.
As Wynne Lawrence (pictured), who founded Clyde & Co’s climate risk and resilience practice, says: ‘we are growing the first generation of dedicated ESG lawyers in a corporate world that increasingly requires true ESG experience and understanding of business sustainability and its implications.’
While some firms and lawyers may be more interested in the fee potential from ESG, for others sustainability is a personal passion.
‘I believe in walking the talk’, states Werner Grau, partner at Pinheiro Neto in São Paulo.
‘The ESG field is one where I can make a true difference’, comments New York-based senior counsel Lauren Bachtel, a member of Linklaters’ global ESG team.
Steve Gummer, head of net zero at Sharpe Pritchard in London, goes further still when discussing the E of the ESG acronym: ‘addressing climate change isn’t a choice; it’s an existential necessity.’
Champions for change
With the growing focus on ESG comes a fear for some that ESG is losing its purpose and turning into little more than a glorified tick-boxing exercise. Lawrence, for example, raises a ‘ concern that a shift in focus to compliance could be detrimental to meaningful action’.
But amid the ever-increasing ranks of sustainability-focused lawyers are some who are true champions for change; fighting for sustainability beyond a nice-to-have.
The Green Guide’s brand new research recognises some of the top lawyers championing sustainability in major regions and markets across the world. Moving on from our previous firm-wide approach, we’re now shining a light on the individuals who not only demonstrate a strong sustainability-related work portfolio but also show engagement with climate change and ESG issues which goes beyond their client-facing work. These lawyers are advocates for sustainability: Legal 500’s new Green Ambassadors.
Read more about the Green Ambassadors in each region:
Green Ambassadors: United Kingdom
Green Ambassadors: Latin America
Green Ambassadors: Asia Pacific
Green Ambassadors: United States
In addition to demonstrating involvement in pace-setting sustainability mandates, these lawyers are committed to driving change either inside their own firms or in the wider market.
Alongside their involvement in developing their firms’ ESG service offerings for clients, they are also pushing for increased sustainability within their firms’ internal operations. Thought leaders in the space, they contribute to legal education, knowledge sharing and ongoing dialogues via publications and speaking engagements. They are also active members and key voices in relevant industry bodies, alliances and networks.
All have been chosen as a result of extensive research carried out as part of our latest Green Guide US, Latin America, UK and Asia Pacific research, which was released last week (14 November).
A challenging field
In our Green Guide research over the past three years, we have observed an increasing number of firms embedding green purpose into their business, with much of this development being driven by individuals.
So, why are more and more practitioners dedicating their legal career to sustainability matters?
For Gummer (pictured), it was a realisation that ‘traditional legal frameworks and firms weren’t just outdated; they were part of the problem. Many law firms claim to do green work but still handle oil and gas deals – that contradiction doesn’t sit right with me.’
Part of the appeal is that ‘the path to real change isn’t set yet and the tools for the journey aren’t built yet’, says Gummer. As a result, in his view it’s a field that can ‘challenge and expand your thinking.’
Indeed, a common thread which emerges when speaking to some of our ambassadors is the challenging and fast-evolving nature of the work.
‘The ongoing challenge with climate and ESG work is that it is constantly evolving. That is also what makes it so exciting and interesting; the ability to see norms, regulations and jurisprudence in action and in development’, adds Lawrence.
Claire Rogers, head of ESG at King & Wood Mallesons in Sydney, agrees that ‘not only is it incredibly important, it’s intellectually engaging, always changing and gives me an opportunity to engage with a wide variety of clients and stakeholders.’
Meanwhile, London-based Heather Gagen, head of Travers Smith’s ESG and impact group, adds that ‘it’s a fascinating area to work in as a lawyer because it is never standing still and it is intrinsically linked to some of the most complex issues facing the world today.’
A powerful tool for a powerful profession
‘Law is a powerful tool for social and environmental change’, states Gummer before voicing his biggest concern; that change isn’t happening fast enough. ‘Progress over the last two decades has been seismic, but it’s still not enough. We need to go faster and further.’
For Gummer: ‘The world doesn’t need more lawyers; it needs more lawyers with a green conscience.’ Those with passion and commitment who are willing to take action and push boundaries.
It’s a position that Susan Mac Cormac (pictured), San Francisco-based co-chair of Morrison Foerster’s ESG + Sustainability group, agrees with. She points out: ‘lawyers that focus solely on advising companies and investors on regulation and compliance will not have a positive impact in the long run; in 10 years, we will still be heading for the cliff that is climate change’.
So, by showcasing some of the leading private practice lawyers who do have a green conscience, the Legal 500 hopes to inspire other lawyers to play an active part in building a more sustainable future. Because after all, as Lawrence suggests, ‘every lawyer has a role to play in sustainability, whether through engaging with clients on sustainability issues, or within their company or firm, or with suppliers’.
Taking this a step further, Mac Cormac insists that ‘lawyers need to help lead the way’ given the urgency in the fight against climate change and its impact on poverty and inequality.
She believes it is imperative for the profession that lawyers act as agents of change. As Yves Hayaux du Tilly, partner at Mexican firm Nader, Hayaux & Goebel, explains it is a personal way to ‘assume the responsibility of serving society as a lawyer’.
