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The Legal Implications of Climate Change
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Overview
The Law Society is committed to supporting its members in dealing with the legal issues associated with climate change, including by providing information and resources for its members, and undertaking law reform and policy development advocacy in respect of relevant issues in NSW and federally (through our relationship with the Law Council).
We have established a Climate Change Working Group, comprised of subject matter experts, to help lead this work. The membership of this Group is designed to reflect the diversity of our membership.
The Law Council of Australia has stated:
“Lawyers should be alive to the unfolding 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…
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Lawyers should also be aware that advice regarding a legal problem should be provided in a manner which meaningfully addresses any identified climate change issues and consequences... (see paragraphs 53 to 56 of the Policy).”
See the Law Council of Australia Climate Change Policy.
We suggest there is an evolving duty of care owed by solicitors to their clients to provide advice regarding a legal problem which meaningfully addresses any climate change issues and related consequences.
We have prepared practitioner guidance exploring the principles that apply when considering:
- How climate change legal risks may be relevant to client advice
- Issues that may be relevant when considering the interaction of legal advice, climate change and solicitors’ professional duties
- Issues which may be relevant when considering the solicitor-client relationship in the context of climate change.
We invite you to read our Practitioner Guidance and hope that you find it to be a useful resource:
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