Here, Wise Law principal EJ Wise explains why there is also a moral and professional imperative for those in the boutique space to step up.

Why the legal community must speak up and take action

In a nutshell, Ms Wise argued, lawyers have a duty because there is a “climate emergency”.

“The legal community has studied the multilayered and complex system of government because it was a part of our law degrees. We learned how to interpret statutes, laws, regulations, case law and even how to understand the meaning of judge’s comments (and the weight to give judge’s comments or obiter dicta even if in the minority),” she mused.

“These are nuanced skills in language, law, order and the cultural context in which they are applied.  We are specialists. When we speak up as a group we are listened to as professionals.”

When lawyers stay silent as a group, Ms Wise posited, “we know the legal meaning of acceptance by silence”.

“For lawyers – and let’s not feign surprise at the strong relationship to our profession and leaders of our country and parliamentary officers – we have that leadership role and now is the time for us to stand up and say the Australian government’s role in perpetuating the degradation to the climate is unacceptable,” she submitted.

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“This time the whole of humanity is threatened by the reality of the climate emergency. I stand with the scientists around the globe to unequivocally confirm that the climate emergency is real. This is not like religion.

“Whether or not you believe in the climate emergency it is happening and it will affect more than just our generation – the future generations of every type of life on earth is in jeopardy. For lawyers to stand silent now, when we are best able to comprehend and affect meaningful change, is to commit if not murder then manslaughter to future populations.”

Compared to big firms, boutiques are in a good position for environmental advocacy

Boutique firms do not have large boards of directors and shareholders to satisfy when changing suppliers or paying slightly more for green power, Ms Wise added.

“Small businesses accounted for 97.4 per cent of all businesses operating in Australia. Boutique law firms are the small businesses in this statistic. The chance for real change lies 97.4 per cent more with us – together we are many,” she outlined.

“Many of the newer law firms are inspired by the ability to make a change for the better and there is no single way that better encapsulates this reinvigoration and reimagination of the practice of law than embracing and accepting our reliance upon the environment and making the environment a priority in the firm’s core values – no clean air, water and food – no law firm.”

Ms Wise said she would love to see an environmental pledge take hold among the small and boutique law firms around Australia.

“Say we pledged to adopt three things in the next 12 months; that would make the largest change in law in Australia and harking back to that piece where we are angling to be noticed by our clients – be noticed for good things. I also suspect that the big firms will be watching with interest. Let’s make them GREEN with envy (pun intended),” she said.

How boutique firms can take action

Many lawyers – indeed, many in the broader community – feel a sense of “information overload”, in the wake of “climate grief” being spelled out by the world’s scientists, the United Nations, the Bureaus of Meteorology around the world, Ms Wise pondered.

In the wake of feeling down about such stuff, it is necessary to “get up and do something”, she prescribed.

The voices of boutique firms matter, she proclaimed, and the environmental footprints of such businesses “absolutely” matter.

To that end, here are some ways that boutique law firms can take action, Ms Wise suggested:

• “Sign the ‘Australia: Declare a climate emergency’ petition;
• Start your morning with five minutes ‘clicking’ of no cost action taking online;
• Consider a team building activity and stand with Greta at #FridaysForFuture;
• Do not print more than you need;
• Switch to green power;
• Use fountain pens which use ink bottles to refill and give ‘disposable’ one-use biros the flick;
• Put a LIVING plant in your office;
• Choose an ethical bank;
• Be selective with your suppliers – ask for their green credentials;
• Be proud of your green credentials – tell the world what you do and why;
• Source furniture and supplies second hand;
• Flexible work practices mean less transport burden to the world;
• Talk about the environment with each other as we ARE all part of it;
• Have an awesome office KeepCup to encourage re-use instead of throw away coffee cups (over one billion coffee cups go to landfill a year, they are not recycled); and
• Think global, act local: everything you purchase, or do not, makes a difference.”

How climate advocacy can impact upon a boutique’s business

On the question of flow-on effects for a boutique firm that takes environmental action, Ms Wise said there are “extremely positive” benefits to be reaped.

“Our firm’s morale is better since we have taken lunchtime to go and join at the #FridayForFuture. It is a chance to take a walk and talk and feel that the future is not ‘futile’ and that actually we do have time to make a difference in simple ways,” she recounted.

“We have attracted like-minded clients who have accepted our ethos as something they wish to be part of themselves (we vote with our dollars). Since proudly and loudly supporting the environment on our website we have only received positive comments and support.”

It is Wise Law’s experience, she continued, that “just as businesses and C-suites and boards are now asking more of their supply chain in terms of cyber risk assurances, they are also holding their suppliers to account for the long- and short-term environmental effects of the products they are sourcing and this starts because the consumers ask those same questions”.

“The responsibility cannot and should not be passed back to the supplier or on to the consumer,” she posited. 

How to encourage your peers in the boutique space

In addition to taking steps with one’s own firm, there are also ways to motivate and support one’s professional peers, Ms Wise added.

“Know that YOU are a consumer yourself. Make your own choices wisely and ask question of each supplier. Be curious and courteous (not aggressive and accusing),” Ms Wise noted.

“Lead by example. Monkey see, monkey do. The human condition is that we like to fit in with social norms. Make good environmental habits the norm. Ask your workplace to have a compost bin not just a recycling bin. Ask in a soft way – a lot of people are delighted to get on board with encouragement.

“Be the principled person that society expects you to be and don’t ‘throw litter away’, put it in the bin, even better purchase things that have no litter. If you have a choice at the sushi bar, ask for the paper bag which is compostable instead of letting them wrap your roll in single-use throwaway plastic. If you can live without the chopsticks and use your fingers, do [it]. Every single action makes a difference.”