ABA SEER Sustainability Framework for Law Orgs. By William R. Blackburn, et al. ABA Climate Change, Sustainable Development and Ecosystems Committee October 16, 2013 Law Firm Sustainability Network Webinar ©2013 William Blackburn Consulting, Ltd.

Our Discussion Today Intro to ABA SEER Sustainability Framework for Law Organizations– William Blackburn Adopting a TBL law firm sustainability policy: challenges and strategies Ballard Spahr—Robert McKinstry Levenfeld Pearlstein—James Brusslan (if available) ©2013 William Blackburn Consulting, Ltd.

ABA Resolution 105 (adopted Aug.12, 2013) RESOLVED, That the American Bar Association reaffirms its 1991 and 2003 commitments to sustainable development, and defines sustainable development as “the promotion of an economically, socially and environmentally sustainable future for our planet and for present and future generations.” FURTHER RESOLVED, That the American Bar Association urges all governments, lawyers, and ABA entities to act in ways that accelerate progress toward sustainability. FURTHER RESOLVED, That the American Bar Association encourages law schools, legal education providers, and others concerned with professional development to foster sustainability in their facilities and operations and to help promote a better understanding of the principles of sustainable development in relevant fields of law. ©2013 William Blackburn Consulting, Ltd.

ABA Report Supporting Resolution 105 Lawyers, law firms and other law organizations should, among other things: • Consider and employ tools and best practices for the communication and adoption of sustainability policies and practices within law firms, such as ABA-EPA Law Office Climate Challenge, the ABA SEER Sustainability Framework for Law Organizations ,and those of various state bar and non-governmental organizations. ©2013 William Blackburn Consulting, Ltd.

Why Firms Want a TBL Policy? Personal values of partners, employees (logical extension of existing values statements) Aligning with clients (corporate, city, university, et al.) Client public reporting and standards Product standards (sustainable ag, fisheries, forestry, etc.) Socially responsible investing Enhancing “brand” with clients, recruits, and public, using approach from a credible third party (ABA SEER) Progressive management planning structure (e.g., Levenfeld Pearlstein, LLC—see article) Save money, improve productivity WHY?

Growing Global Multi-stakeholder Consensus on SR/Sustainability Scope ISO 26000 SR Core Subjects GRI Sustainability Indicator Categories/Aspects Organizational Governance Governance Human Rights Labour Practices Labor Practices & Decent Work The Environment Environment Fair Operating Practices Society: Corruption, Public Policy, Anti-competitive Behavior, etc. Consumer Issues Product Responsibility Community Involvement & Development Society: Community Economic: Indirect Economic Impacts Economic: Economic Performance, Market Performance, etc. *Based on the GRI reporting guidelines and ISO 26000 SR standard ©2013 William Blackburn Consulting, Ltd.

Inspiration for ABA SEER Law Firm Sustainability Policy: The Conference Board Study Policy Alcan, acquired by Rio Tinto Aveda part of Estee Lauder ©2013 William Blackburn Consulting, Ltd.

Emerging Meaning of Sustainability from an Organizational View “The 2 Rs” Values-driven management based on--- Respect: for people and other living things Resources: the wise use of economic and natural resources —for the purpose of sustaining and promoting the long-term well-being of the organization and society (including the environment). Not silos. Not collection of specific programs. Way we make decisions and do business. ©2013 William Blackburn Consulting, Ltd.

Law Firm Sustainability Policy Development Process, 2008-10 (17th edition, 12/2/10) Conference Board corporate model policy CCSDE Working Team (approx. 20 lawyers) 12 pilot firms; 2008 workshop ABA, state bar, and city implementation tools Other feedback from ABA & state bar groups, sustainability experts, et al. CERES endorsement Oct. 2010

Supporting ABA Groups Climate Change, Sustainable Development & Ecosystems Committee of SEER (leader) Key supporters: SEER Council Standing Committee on Environmental Law Law Practices Management Section Other consultation: consultation: Pro bono legal services Diversity Women in the profession Labor Business Young lawyers Law students

Contents of ABA SEER Sustainability Framework for Law Organizations See http://www.abanet.org/environ/committees/climatechange/ FAQs, background, rationale Model policy (TBL: economic, social, environmental) Implementation guidelines (suggested processes) References Other ABA tools (Climate Challenge, diversity tools, etc.) State bar and city-developed lists of practices and other tools

Some State and Local Bar Sustainability-Related Initiatives (See ABA multi-state summary survey report at http://www.americanbar.org/groups/environment_energy_resources/projects_awards/model_law/project_resources.html) Oregon Bar, Sustainable Futures Section: Partners in Sustainability program on law office environmental responsibility California and Massachusetts Bars: Lawyers’ Eco-Pledge and Green Guidelines Pennsylvania Bar: Lawyers United for Sustainability program with environmental pledge and guidelines New York, Illinois, and North Carolina Bars: Looking at sustainability NGOs: Oregon Lawyers for a Sustainable Future: Office environmental tools Washington State Lawyers for Sustainability: TBL scope but mostly environmental tools

Examples of Other Sustainability-Related Initiatives Embraced by Firms Endorsing ABA Sustainability Policy The Pro Bono Institute’s Law Firm Pro Bono Challenge™ ABA-EPA Law Office Climate Challenge Leadership in Energy and Environmental Design (LEED) certification Greater Philadelphia Green Business Commitment Chicago Green Office Challenge Columbus (OH) Green Spot Program

Model Sustainability Policy for Law Organizations (17th ed., 12/2/10) Vision: It is in the best interests of our law organization and society as a whole that our organization move along the path to sustainability, that is, the so-called Triple Bottom Line of social, economic and environmental responsibility. To that end, we will strive to achieve the following vision of performance, publicly communicate this commitment, and periodically report our progress and challenges in fulfilling it. To identify practices and programs to help implement this policy, we will give due consideration to the relevant policies, programs and other tools of the ABA and state and local law and governmental organizations, and will publicly cite in our policy below or elsewhere those major initiatives we embrace. Economic success: the wise use of financial resources Organization’s Economic Prosperity. Our organization will be positioned to survive and prosper economically. b. Community’s Economic Prosperity. We will help our community survive and prosper economically through the taxes, salaries, and suppliers we pay, and through our civic and philanthropic efforts.

2. Social responsibility: respect for people a. Respect for Employees. We will treat those within each level of our workforce in a respectful way, especially with regard to compensation and benefits; promotion; training; open, constructive dialogue with management; working conditions that are safe and healthy; employment-termination practices; and encouraging wellness and appropriate work-life balance. b. Diversity, Fair Hiring Practices. We will promote diversity and use hiring practices for our employees, management board, and suppliers that are fair and responsible and do not discriminate on the basis of factors such as gender, sexual orientation, religion, age, disability, ethnicity or race, that are unrelated to the requirements of the job. c. Responsible Governance; Professional Courtesy. We will manage our risks properly, use our economic power responsibly, and operate our organization in a way that is ethical and legal. We will treat with due respect others who are involved with us in the discussion of legal issues and resolution of legal claims. d. Dealing With Clients. We will embrace our primary legal and ethical duty to serve our clients honestly and effectively. We will compete fairly for their business, respect their privacy and confidentiality, and provide them efficient and effective services under the conditions we promise. e. Awareness and Advice. We will help raise the awareness of our employees about sustainability issues in the primary fields of our legal practice, and include consideration of such issues in the advice we provide our clients. f. Well-being of Stakeholders. We will work collaboratively with stakeholders in our community to enhance the well-being of others through pro bono legal services, other voluntary efforts, philanthropy, and/or other ways.

3. Environmental responsibility: respect for life; the wise management and use of natural resources a. Resource and Energy Conservation. We will conserve our use of natural resources and energy to the extent practicable. b. Waste and Pollution Prevention and Management. We will reduce to the extent practicable the quantity and degree of hazard of the wastes we generate from our operations, and handle them in a safe, legal, and responsible way to minimize their environmental effects. We will also reduce to the extent practicable the direct and indirect emissions of greenhouse gases and other harmful air pollutants from our operations and travel. c. Reduction of Supply Chain Impacts. We will work with others in our supply chain to the extent practicable to help reduce adverse environmental impacts and risks associated with our operations and optimize environmental benefits.

Firms Adopting The ABA Policy As Is Berg Hill Greenleaf & Ruscitti Giarmarco, Mullins & Horton Holland + Knight Nixon Peabody Manko, Gold, Katcher & Fox Schwabe Williamson & Wyatt Sonnenschein Nath & Rosenthal Smith Freed & Eberhard

Firms Adopting Their Own Versions of the ABA TBL Policy Ballard Spahr Andrews & Ingersoll Levenfeld Pearlstein McMahon DeGulis Robinson & Cole Pepper Hamilton Porter Wright Morris & Arthur

Some Tweaks Firms Made to Model Policy Simplified text on Diversity and Respect for Employees Expanded Intro on purpose of policy Added provisions on sustainability implementation, education, measuring and reporting, organizational structure, and continuous improvement Added provisions on wellness, education, travel, tenant improvements, pro bono Referred to other initiatives and awards

How to Become an ABA-listed Endorser Endorse model policy or adopt comparable TBL policy Communicate to ABA CCSDE Committee, who will publicize on ABA SEER website Evaluate status in fulfilling policy (see Reference tools for ideas) Develop improvement plan Report progress within 2 years or provide link to website content on firm’s initiatives

Implementation Guidelines (suggestions) 1. Flexible Implementation   2. Systematic Approach Secure Approval and Buy-in Adopt and Post Policy List with ABA Appoint Coordinator, Support Group Assess Status Create Plan with Goals Identify Implementation Leaders Evaluate and Report Progress Recognize Achievements Adjust and Repeat Process Tell Others 3. Sole Practitioners

The Sustainability Handbook— The Complete Management Guide to Achieving Social, Economic and Environmental Responsibility (See www.WBlackburnConsulting.com ) ©2013 William Blackburn Consulting, Ltd.