Professional membership body the Society of Licensed Conveyancers (SLC) have responded to the Law Society’s consultation on climate change defending the profession against the ‘burden’ placed on conveyancers, and advising firms to exclude any liability from the terms and conditions.
In 2023 The Law Society published guidance confirming conveyancing solicitors’ overall duty to advise on climate legal risks when acting in transactions. However, it was not the role of conveyancers to ‘advise on climate change physical risks where it is outside their knowledge or qualification’ according to the guidance. Clarifying the position at the time, a Law Society spokesperson told Today’s Conveyancer
“Where solicitors have gaps in expertise related to physical risks, they should either not advise or should consider commissioning experts who can. In annex 2, we offer commissioning climate search reports as an example of a potential solution solicitors may want to begin considering at this stage in the context of this.”
“However, an appropriate response might also be that the solicitor simply flags the options available, which could include a climate search report, and then proceeds according to the clients wishes.”
In September The Law Society launched a consultation on updating the current guidance and creating a related practice note, seeking views on:
- How climate change and its associated risks are impacting the UK’s property stock.
- Understanding solicitor duties related to climate risk and liability.
- Communicating climate risks to clients, lenders, and other stakeholders.
- Navigating climate-related searches and advising clients on how to act on the results.
The consultation closed on 31st October 2024. Speaking at the Law Society Property Conference in October environmental lawyer and contributor to the current guidance Keith Davidson said practitioners needed to be clear with clients about what they are able to advise on, and what they are not. He added the practice note would include a checklist of points to consider to enable firms to adopt a proactive approach, be clear about the risks, the extent of the instructions and wat you will, and more importantly, won’t do as part of the retainer. He also urged firms to retain contemporaneous notes. Failure to do so could result in firms being considered negligent but, he added, it was important to provide information to clients and signpost them back to the data providers in the event of risks being identified for further advise.
The SLC has now published its response to the consultation with Chair Simon Law saying
“Conveyancers are not equipped nor trained on climate matters. It is the Society’s view that firms’ terms and conditions should contain specific exclusions in respect of any liability relating to climate change reports and risks. Effects of climate change, be they long term or short term are issues that surveyors or other expert parties should be advising on”
