ILLUSTRATION: JUD GUITTEAU

Spring 2009 Trends

Lawyers Gone Green

By Tracey Palmer

LAWYERS LOVE DEAD TREES. The average US attorney consumes as much as a ton of paper each year, roughly 10 times the amount used by the average office worker. That's about 25 trees per lawyer per year, and in case you're wondering, the life cycle of a ton of paper, from production to recycling, results in a whopping nine tons of carbon dioxide (CO2) released into the atmosphere. As an attorney, it's not easy being green, but as concerns about global warming grow, law firms are increasingly positioning themselves as environmental leaders as a means of attracting both job applicants and clients.

"Law firms are ahead of other services industries on this," says David White '84, immediate past president of the Massachusetts Bar Association (MBA). Three years ago, White and Nancy Reiner '84, executive director of Counsel on Call's Boston office, worked with the Conservation Law Foundation to establish the MBA Lawyers Environmental Pledge.

"We believe that lawyers must act as leaders in addressing climate change by implementing environmentally sustainable practices and encouraging others to do the same," says White. About 80 local firms have signed on. White's firm, Breakstone, White & Gluck, with just four employees, reduced energy use by 15 percent last year by following the pledge's Green Guidelines.

"If we can do it, anyone can," he says.

ARE WE GREEN YET?

So what does a green law firm look like? First, there are no plastic water bottles; they've been replaced by filtered water in pitchers. Printers and copiers are set for doublesided printing, with soy-based inks. Offices have motionŠsensitive lighting, paper is made from postconsumer waste, public transportation is subsidized and it's OK to work from home. Some firms have gone so far as to fund tree plantings in deforested countries in an effort to mitigate their carbon footprint.

And thanks to the ABA-EPA Law Office Climate Challenge, a new voluntary federal program run by the American Bar Association's Section of Environment and the Environmental Protection Agency, law firms nationwide are getting greener by the minute. The Climate Challenge is comprised of three programs: WasteWise, focusing on reducing solid waste; Green Power Partnership, encouraging firms to purchase renewable energy; and Energy Star, promoting energy-efficient products and technologies.

"Being a good, environmentally sound community member is part of the values and commitment of our firm," says John Snellings '86, a partner with Nixon Peabody in Boston, one of more than 100 Climate Challenge participants. "There's a movement and we want to be part of it," he adds.

Delivering on that promise, Nixon Peabody was the first US law firm to establish an internal "sustainability office," and earn LEED certification for its San Francisco office renovation. LEED, which stands for Leadership in Energy and Environmental Design, is granted by the US Green Building Council, a nonprofit organization promoting sustainable building practices. At Nixon Peabody, carpet is recycled, paint is non-toxic, furniture is formaldehyde-free, lights are fluorescent, faucets have restricted flow and toilets are dual flush. Old furniture and equipment are donated or recycled, and floors are made from walnut trees that outlived their usefulness in an orchard. And instead of putting client documents on paper, Nixon Peabody posts them on a securebased extranet.

However, despite best intentions, there's a limit to how much firms can achieve on their own.

"There are some things you just have to do with paper," notes Katherine Garrahan '04, an associate with Bowditch and Dewey in Framingham. "Towns don't take permit applications online, planning boards want 12 copies of everything, and you need physical documents to submit to a court. Law firms can't eliminate paper on their own."

White agrees, and thinks the courts could do more to help. "Five years from now it would be great to have electronic filing in the courts," White says. "Five years might be overly ambitious, but the courts could also do a lot to lower transportation costs just by using virtual meetings and phone conferencing."

PRACTICE WHAT YOU PRACTICE

A variety of factors are driving the sustainability trend. Some firms want to boost their image in the community; still others feel an ethical obligation. But the bottom line is that going green saves money and generates business.

"Some clients are very passionate about green technology as a social tool; others view it as an economic investment," says Andrea Cohen '97, of counsel at Morrison & Foerster in San Francisco. Regardless of client motivation, she adds, "capturing the value of carbon and understanding its role in the marketplace is very much integrated into doing business in our practice."

At Morrison & Foerster, the fastest growing area is "cleantech." Relatively new, cleantech is a loose term referring to information technology, life sciences and renewable energy, including wind power, solar energy, fuel cells and batteries, energy efficiency, green building, water technology, waste reduction and carbon markets.

"Being a good, environmentally sound community member is part of the values and commitment of our firm."

"No matter how you look at it, it's unbelievably exciting," says Cohen. "The economies achieved through building a clean and alternative energy infrastructure can drive growth in every other sector in the economy. Not limited to issues such as dramatic price fluctuations, global/military security issues, the environment and public health, a well-designed energy program will provide jobs and real economic value."

GREEN FOR GOOD?

Certainly, today's lagging economy isn't helping green-sector growth, but Snellings, like Cohen, remains optimistic about its future.

"Congress recently extended tax credits, and the new administration is sending strong signals to companies and banks that this is one of the areas where they need to put their money," says Snellings.

In the race to capture the green market, firms with active environmental practices will be well positioned to adapt to the changing landscape, but others will struggle to catch up. In the United States, there are more than 60,000 LEED-certified professionals, but fewer than 200 of those are lawyers.

"There are a lot of lawyers out there claiming to be doing this, with or without the right skill set," says Cohen. "They're just trying to ride the green wave."

Is it just a wave or a sea change? Only time will tell. Much like diversity, says Snellings, sustainability is a focus of younger lawyers. "And that means there's a lot of energy behind it," he says. "My hope is that it just becomes the way we work and live. It becomes who we are."

Tracey Palmer is a freelance writer living the green life on Boston's South Shore.