The Solicitors Regulation Authority (SRA) is not anticipated to discipline solicitors who choose to abstain from working on fossil fuel projects due to ethical concerns. This position arises from a detailed legal opinion provided to prominent law firms, urging them to reconsider their roles in these industries.
The legal opinion, crafted by Claire McCann and Hana Abas of Cloisters Chambers, was addressed to senior partners at leading law firms, including A&O Sherman and Clifford Chance. It examined the implications of lawyers refusing assignments linked to fossil fuel extraction, citing their rights under the European Convention on Human Rights. Specifically, it highlighted that a solicitor’s refusal based on climate crisis beliefs might be protected under Article 9, which ensures freedom of thought and conscience.
The opinion provides that lawyers, as conscientious objectors to fossil fuel-related work, could potentially avoid unlawful discrimination if their actions align closely with their beliefs and are expressed appropriately. This aligns with the Law Society’s previous guidance, which stated solicitors may prioritise climate concerns in client decisions, although the SRA cautioned this guidance doesn’t reflect its regulatory stance.
There is a possibility of regulatory repercussions if a solicitor’s refusal involves disparaging colleagues who engage with fossil fuel companies, as this might compromise public confidence in the legal profession. A proportionate response from the SRA would require evidence of a legitimate objective, likely maintaining professional standards.
For barristers, the situation is more complicated due to the cab-rank rule, mandating them to accept any brief in their field of practice. Yet, an exception exists if independence appears compromised. The Bar Standards Board might interpret conscientious objections as breaching this rule, though enforcement might be challenging unless deliberate.
The broader context includes contributions from the Lawyers Are Responsible group, who advocate for educational initiatives within legal circles regarding climate responsibilities. They aim to integrate these ethical discussions into academic environments, fostering a deeper understanding of the intersection between law and environmental stewardship.
The scrutiny of solicitors’ roles in fossil fuel projects reveals a nuanced intersection of legal ethics and climate responsibility. While the SRA and associated bodies navigate these complex issues, the legal profession’s capacity to influence climate discourse through conscientious objection remains significant.
