Potentially protected under ECHR
Lawyers are “unlikely” to face regulatory action for declining fossil fuel-related work if their decision is based on a genuine belief in the climate crisis, according to a new legal opinion.
The 45-page opinion, prepared on behalf of the eco-group Lawyers are Responsible, argues that lawyers who refuse work from fossil fuel clients could seek protection based on their belief in the climate crisis and their moral duty to prevent catastrophic climate change.
The opinion suggests this belief could be safeguarded under Article 9 of the European Convention on Human Rights (ECHR) and/or as a “religious or philosophical belief” under Section 10 of the Equality Act 2010.
This means that lawyers could not be unlawfully discriminated against, harassed, or victimised for their beliefs, provided they express those beliefs in an “appropriate way” and their refusal to take on the work is closely and directly linked to those beliefs.
For a “climate-related protected belief”, it is important to show that the lawyer’s beliefs are more than just opinions and have enough consistency and clarity to qualify for protection. Refusing work related to fossil fuel extraction will often be strong and clear evidence of how deeply the individual follows their belief, according to the opinion.
Any regulatory action taken against them over their refusal would need to be justified as an interference with Article 9.
The opinion, produced by Claire McCann and Hana Abas of Cloisters Chambers, references guidance published last year by the Law Society which suggests that law firms may refuse to act for clients whose business activities conflict with net-zero targets or the firm’s stance on climate change. This means solicitors themselves can consider climate-related concerns when deciding whether to accept or advise a client, according to the opinion.
However, the opinion warns that solicitors must be mindful of how they decline fossil fuel-related work. For instance, they should avoid publicly criticising the client, as this could lead to potential action from the Solicitors Regulation Authority (SRA).
The opinion, delivered on Friday to senior lawyers at all five Magic Circle law firms, coincided with protests outside their London offices over their work with fossil fuel clients.