Author: Smriti Singa
In addition to the right cost and features, lawyers and law firms exploring a new technology purchase are increasingly adding sustainability to their list of considerations. Why? Environmental regulations and reporting obligations are becoming stricter, and firms with a proactive approach to sustainability will be better positioned to adapt to new laws and standards. However, it is not just about regulatory compliance. Prioritizing sustainability enables firms to enhance their brand and reputation by demonstrating corporate social responsibility, showcasing a commitment to caring about the planet, and aligning with the values of eco-conscious clients and partners.
More than half (52 percent) of corporate legal departments are requesting sustainability credentials from law firms as part of their Environmental, Social, and Governance (ESG) policies, and another 40 percent plan to make such a request in the next three years, according to Wolters Kluwer. As companies and corporations place more emphasis on ESG, law firms and lawyers following similar guidelines can show their values are aligned and meet criteria to take on their legal work.
This article will cover what lawyers and law firms should look for when considering bringing in software, questions they should ask potential vendors, and how to spot “greenwashing” when researching sustainability claims.
What is sustainable legal technology?
Sustainable legal technology refers to solutions that are energy efficient, designed to reduce waste, and minimize their carbon footprint, for example through reduced data use and loading time. Additionally, a firm’s software and document management practices can greatly influence the sustainability of their legal technology.
For example, if your litigation team’s documents are on local servers accessed by Windows Explorer, it’s likely your document management is inefficient from an energy use perspective. Your team must share those documents via email or save local versions to make annotations, generating an enormous amount of duplicates saved in different servers, all of which use energy. If your team has members working remotely in different locations, their documents may be saved on even more servers, increasing your carbon footprint.
However, litigation software that is sustainability forward will work as a cloud-based document repository and a centralized place to create annotations and collaborative tasks. This software will require fewer servers to store data and reduces or eliminates the need for other data- and energy-using software, like email.
When looking at new legal technology, the first step toward a more sustainable approach is to take inventory of your current tech stack and identify opportunities to reduce the use of or consolidate software.
Questions to ask potential vendors
When selecting a vendor, in addition to asking questions about how their software works more efficiently and sustainably, lawyers should ask questions about their internal ESG practices. Selecting a more sustainable software approach is good, working with a software vendor who delivers this solution and practices what they preach is better. Some starter questions may include:
- Do you measure energy consumption, waste and greenhouse gas emissions company-wide so you can measure quantifiable reductions?
- What data centers and servers does your software use and how are you measuring their energy efficiency?
- Have you adopted sustainability policies and initiatives across your organization? Have you publicly communicated these commitments and how do you measure success?
- Do you voluntarily participate in any sustainability assessments — such as EcoVadis or CDP — and share your results?
- Do you participate in initiatives such as Science Based Targets (SBTis), which require software companies to implement simultaneous actions in the following fields?
- Continued implementation of energy efficiency plans
- Switch to renewable/low carbon electricity supply
- Encouragement of carbon consciousness among end-users
- Also ask about your vendor’s vendors: Does your vendor employ a sustainable procurement policy to help embed ESG best practices throughout their supply chain?
“Greenwashing” and potential red flags
Greenwashing can be defined as using statements or claims to create a perception that you or your organization is committed to employing environmentally friendly practices when in reality those statements can’t be backed up in fact or with quantifiable measurements. Simply put, greenwashing is talking about the environment without doing anything to help it.
As you engage with potential vendors, pay close attention to whether they provide concrete data or quantifiable evidence to substantiate their assertions of energy savings or carbon footprint reductions. How are their teams equipped on sustainability practices; are they prioritizing innovation to improve the environmental performance of products, services and operations? If you encounter vague assurances without any accompanying supporting data, it could be a red flag for greenwashing.
Conclusion
As legal technology continues to advance, environmental regulations get stricter and client and investor environmental focus increases, it’s increasingly imperative for lawyers and law firms to consider the environmental implications of their tech choices. Beyond mere efficiency, the sustainability of software solutions has emerged as a significant factor in client decisions on selecting counsel.
Sustainable legal technology encompasses not only energy-efficient software but also streamlined document management practices that minimize carbon footprints. Cloud-based repositories and collaborative tools reduce the need for excessive data servers and energy-intensive processes like email communication. In this context, adopting sustainable legal technology not only enhances operational efficiency but also demonstrates a commitment to environmental responsibility, which is increasingly valued by clients and stakeholders.
In conclusion, as legal professionals navigate the digital landscape, prioritizing sustainable legal technology is not just a matter of staying abreast of technological advancements but also of embracing ethical and environmental stewardship. By integrating sustainability into their tech procurement processes, lawyers and law firms can contribute to a greener future while enhancing their competitive edge in the legal marketplace.
Reprinted with permission from Attorney at Work
Smriti Sinha
Smriti Sinha is General Counsel at Opus 2, a leading legal software and services provider. As part of the company’s executive leadership team, she leads Opus 2’s global legal and compliance functions and the company’s ESG program. Before joining Opus 2 in 2022, Smriti spent over ten years working with businesses globally across a broad range of industries, including technology, life sciences, and marketing.