Australian firms could face climate change boycotts

L ate last year, the international legal community was fixated on the #DoneWithDunn boycott that saw law students take a stand against firm Gibson Dunn. Following a lengthy history of supporting clients who have caused “immense harm” to the climate and frontline communities – not to mention the tactics that they used in their legal work – it seemed that the firm was in danger of losing rising talent.

To Australian law students and recent graduates, this campaign serves as a “powerful reminder” that the next generation of lawyers want to work towards the solution to the climate crisis rather than contribute to the harm, even if that means never working for legal workplaces that do not take any positive steps to assist.

In one of two open letters, the United States law students – many from Ivy League schools Harvard, Yale and Columbia – alleged Gibson Dunn had “consistently and actively used its legal skills to advance the interests of high-paying companies” and its pattern of doing so “suggests that there is no ethical standard guiding its work, with profit consistently overriding pressing issues of justice”. Although Australian firms have avoided the same backlash so far, the next words rang true for students.

“As young people, we worry about our own future and those of future generations as we speed towards a climate catastrophe that will disproportionately harm communities of colour, Indigenous communities, and low-income communities.

“As law students, we are thinking critically about the power we will hold as attorneys and the deep responsibilities that come with that power. And, for those of us who are members of impacted communities, we see the harm that the climate crisis has already caused on our land, waters and communities,” the US students wrote.

In conversation with Lawyers Weekly, three members of student-led association GreenLaw – who we have chosen not to name given the sensitives of the issue – shared their thoughts on the boycott and warned that Australian firms are not immune from the same backlash from the next generation of lawyers who want to see real change.

“Gone is the era where legal advocacy sits on the edges of our profession. We are capable of designing the building blocks of a better future and young lawyers expect, rightly so, that their firms will contribute to that bright future,” one spokesperson said.

Referring to the role that Australian firms can play to avoid similar consequences, the first spokesperson said there is an opportunity to work constructively. Firms that pride themselves on their staff should be on the frontlines of making these changes.

“Young lawyers want to embrace the future, and reap the benefits of being at the cutting edge of climate law reform and the energy transition. This benefits law firms as well,” the first spokesperson told Lawyers Weekly, adding that this advocacy indicates a new “ethical standard” set by new lawyers that will carry into their careers.

According to the third spokesperson, it is still “entirely possible” for Australian firms to avoid the backlash. Young lawyers and recent graduates understand that there is an energy transition and that some companies – like fossil fuel entities – are just as entitled to the same legal support as everyone else. The key, they said, is acting on their climate commitments and transitioning their practices for the better.

This means steering clear of greenwashing; the practice of conveying misleading information or a false impression about a company’s products being environmentally sound. The second spokesperson said firms should be aware of the risks of these practices, including driving away young and emerging talent.

According to the first spokesperson, private practice has “so much to gain” from tackling the climate crisis, from capitalising on booming renewable energy projects to advising governments on sweeping reforms to its energy and agricultural systems. They added that climate change requires a transformation of society, which means law will also “undergo significant changes steered by our profession”.