1. 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.

2. 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.

3. 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.

4. 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.

5. 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?

6. Growing Global Multi-stakeholder Consensus on SR/Sustainability Scope
ISO 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 SR standard
©2013 William Blackburn Consulting, Ltd.

7. 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.

8. 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.

9. 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

10. 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

11. Contents of ABA SEER Sustainability Framework for Law Organizations See
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

12. Some State and Local Bar Sustainability-Related Initiatives
(See ABA multi-state summary survey report at
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

13. 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

14. 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.

15. 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.

16. 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.

17. 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

18. 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

19. 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

20. 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

21. 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

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