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In our latest video, , General Counsel at , explains how in-house lawyers can drive environmental, social, and governance (ESG) and climate change policies.

Sheret opens the video with the following: ‘If you’re lucky enough to have permission to engage in this stuff, you could definitely be leading in it.’ Taking leadership might mean, among other things, encouraging the board at your organisation, driving initiatives within your legal team, championing a collaborative spirit and breaking departmental boundaries, defining and publishing sustainability targets, safeguarding against greenwashing, and much more.

Read our pratice note on the litigation risks of greenwashing to find out more

Sheret goes onto say that even where in-house lawyers are not in a position to take a leadership position on sustainability, lawyers can still get involved in driving ESG policies for their organisation. They can perform vital work on contracts, for example. Sheret recommends that all in-house lawyers take full advantage of the , which enables lawyers to access and share contract clauses that support sustainability and working towards a decarbonised economy.

In-house lawyers, whether in leadership positions are not, can drive ESG and sustainability policies by focusing on compliance, as Sheret explains: ‘You can encourage compliance teams to think about how they build consideration of environmental issues into due diligence [and] the kind of questions they ask third parties.’ Contracts and compliance are a great place to start when focussing on ESG and sustainability, particularly given the growth in climate change litigation.

Read our 'What is climate change litigation?' practice note for more guidance

Sheret goes on to discuss the challenges and roadblocks that in-house lawyers may face around the implementation of sustainability and climate change policies, focusing specifically on the challenge of engagement. ‘People are so busy,’ Sheret explains. ‘They’re doing their day jobs, desperately trying to keep up with everything they’re trying to do…so how do you persuade people that this should take priority?’

Sheret goes on to provide solutions. Simply gaining permission and getting manager buy-in remains essential. It is helpful to approach managers in your organisation, for example, and request that they carve out time for employees to engage with sustainability efforts. Managers should be easier to convince, as studies have consistently shown that companies prioritising ESG policies have greater employee morale and greater staff retention.

Another solution to engagement challenges is simple storytelling; persuasively explaining the importance of sustainability to employees. You should show them why it matters and show them that their efforts matter, too. ‘Make people feel purposeful about their engagement,’ Sheret says.

Another way to overcome resistance to involvement is through targeted learning, which aims to enhance employees’ skills to meet certain organisational goals. The method has proved effective for many organisations, including , as Sheret explains: ‘[It helps people] to understand broader issues from a societal perspective but also how it effects the organisation and therefore how they might be able to help.’

Targeted learning can provide employees with a sense of ownership. It allows them to build knowledge effectively and with purpose. It is key to overcoming the absence of engagement, as Sheret concludes: ‘[Targeted learning] has been a key part of trying to overcome [lack of engagement] and some of the resistance we might get when asking people to get involved.’

Read our latest report to see how you and your legal team can have an impact on climate change initiatives

³ÉÈËÓ°Òô Practical Guidance provides a great starting point for legal counsel looking for practical resources on ESG, sustainability and climate change issues. Legal teams can use this content to advise their business with certainty, as well as maximise the opportunities and minimise risks.

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