Environmental issues are increasingly high on law firms' agenda. Paul Collins argues that progressive practices can gain an advantage over their competitors and set an example to prospective clients




Businesses are beginning to realise that good environmental performance can have positive effects on their profits, reputations and on society as a whole.



Business practices have environmental effects, directly and indirectly, and more than half of the top 250 UK companies now report their environmental performance in the knowledge that it can strongly influence investment and attract the right calibre of potential employee.



The business case



For law firms, there are important lessons that can be learned from other business sectors and clients in addressing environmental issues which can result in waste reduction, enhanced teamwork, and rewards in terms of reputation and costs savings. More directly, businesses - including law firms - are increasingly being asked to demonstrate that they have environmental policies and to provide details of their management systems prior to a decision of a prospective client on purchasing goods and services.



Many clients are committed to sound environmental management and naturally expect their lawyers to share and demonstrate their values. In light of this, there is a strong argument to expect future law firm rankings to show environmental performance against which clients can rate their legal service providers.



What is an EMS?



An environmental management system (EMS) comprises a system that measures environmental performance and provides benchmarks against which the improvement of a business can be measured.



The first certified EMS to be adopted by many organisations in the UK was British Standard BS7750. This EMS was introduced in 1994 and subsequent EMS schemes have been modelled on this standard. These standards are based on a quality management approach, with the remit that no specific levels of environmental performance are stipulated in the EMS itself other than a commitment to comply with all legislation.



Other EMSs that can be adopted by law firms - albeit with an increased administrative burden and costs consequences, which do not necessarily result in an enhanced environmental performance - include an international standard ISO 14001 and the EC Eco-Management and Audit Scheme (EMAS).



Developing an EMS



For a law firm looking to develop an EMS, the setting of environmental objectives is a subjective matter for the firm itself. These goals should then be measured against a publicly produced environmental policy that includes a minimum commitment of compliance with all legal standards, while improving performance.



This commitment requires the firm to understand the environmental effects; to set broad and detailed goals for environmental performance with specific targets; to set up an active programme for managing the environmental performance; and to establish a system for auditing the EMS. Adherence to the EMS should then be verified on an annual basis by accredited independent verifiers.



Identifying objectives



The objectives for a law firm are to:

l integrate environmental considerations within day-to-day business activities, and to establish performance indicators, action plans and improvement targets;

l comply with all relevant environmental legislation;

l share environmental knowledge with clients and suppliers;

l reduce the consumption of materials, and to promote re-use of materials and to use recycled materials, and to encourage the recycling of waste in place of disposal;

l consider the environmental impact of the materials the firm purchases at all stages of their life cycle, and to adopt a more sustainable procurement policy;

l reduce the environmental impacts of transport use through the adoption of a green transport plan (including incentivising the use of public transport and of car sharing);

l conserve energy through efficient use; and

l promote training and support for employees to raise awareness of the firm's environmental impacts, and to ensure the effectiveness of its policy, and to make its contractors and suppliers aware of it.



Where office premises are leased, many of the environmental objectives will require a degree of innovation and persuasion. Several landlords and property management companies are now looking at ways to source green electricity, driven both by their desire to reduce their own carbon emissions and by the demand of their tenants and clients.



Where there is an objective to facilitate waste segregation for recycling and the like, this may have consequences for storage space. The predicted shift in the commercial property sector towards 'greener' buildings will offer scope for incorporating features within offices that can help businesses achieve these objectives.



The real commitment



With environmental issues high on the agenda of most enlightened and responsible businesses, there is no half-measure where environmental responsibility is concerned.



Modern, progressive law firms that look to gain an advantage over their competitors and set an example to their clients and prospective clients must recognise that their reputation and green credentials will depend on implementing credible, responsive and independently audited environmental management systems.



This shift in attitude will not be easy, although some immediate benefits will accrue in terms of resource and costs savings. Other environmental objectives will require difficult, and potentially unpopular, decisions to be made to demonstrate a genuine commitment to corporate social responsibility, while paying due attention to the bottom line.



Are you ready for the challenge?



Paul Collins is a solicitor at Bond Pearce in Bristol