Disclaimer - please read
The definitions on this website (and published in our Climate Contract Playbook) have been prepared in good faith on a pro bono basis and are free to download and use. The definitions have been drafted and edited by a variety of lawyers and, as such, the approaches to drafting may not conform to any particular drafting norms. We acknowledge this as a consequence of the collaborative drafting process.
The definitions on this website (and published in our Climate Contract Playbook) are provided on an ‘as is’ basis and without any representation or warranty as to accuracy or that the definitions will achieve the relevant climate goal or any other outcome.
This website (and the Climate Contract Playbook) does not comprise, constitute or provide personal, specific or individual recommendations or advice of any kind, and does not contain legal or financial advice. The definitions are precedents for legal professionals to use, amend and negotiate using their professional skill and judgement and at their own risk.
While care has been taken in the drafting of these definitions, neither The Chancery Lane Project nor any of its contributors owe a duty of care to any party in relation to their preparation and do not accept any liability for any errors or omissions, nor for any loss incurred by any person relying on or using these definitions or any other person. Users should use their own professional judgement in the application of these definitions to any particular circumstance or jurisdiction or seek independent legal advice.
At present, all the definitions are based on the laws of England and Wales. We encourage the conversion of these precedent definitions for use in other jurisdictions.
Climate Professional means an [appropriately qualified] [environmental, sustainability consultant/ net zero consultant / analyst/ [environmental or sustainability][or climate] scholar / [environmental or sustainability][or climate] scientist] who has the fundamental skills and experience to diligently, competently
and professionally, [perform the [environmental and/or sustainability][and/or climate] consultancy services / develop, create and implement structures and systems to achieve and measure Net Zero Targets / design the environmental and/or sustainability targets of the project / assess the [environmental and/or
sustainability] [and/or climate] related risks of the project][, monitor compliance with the environmental and/or sustainability targets connected with the project], in accordance with this agreement.
Parties may wish to specify what amounts to appropriately qualified. If so, the definition should be amended to specify the necessary professional qualification or certification. For example, in Australia and New Zealand, the Certified Environmental Practitioner Scheme (CEnvP) scheme assesses environmental professionals’ training, experience, professional conduct and ethical behaviour, and provides industry-wide certification.
Select the appropriate type of professional and type of services to be provided by the Climate Professional for your agreement. The definition of environmental or sustainability consultant, environmental or sustainability services etc is considered to be wide enough to capture carbon consultants, climate consultancy services etc but in certain contexts, parties may wish to specify climate change expertise so these options are included.
Alternative name/term for Climate Professional: “Environmental and Sustainability Consultant” or “Net Zero Consultant”.
Consider whether the Climate Professional is jointly appointed by the parties to the agreement, or whether this is the responsibility of a single party to the agreement. Consider which party is most appropriate party to appoint the Climate Professional.
Consider which party will bear the costs of the appointment of the Climate Professional (or whether these costs are shared). There are a number of issues (such as professional indemnity (PI) cover or who will be able to rely on the Climate Professional’s work) that should be considered when appointing [environmental] consultants. Speak to environmental law colleagues for specific advice.
When appointing a consultant to undertake climate and sustainability-related services (i.e. implementing a net zero strategy or assessing the climate risks/ opportunities of a prospective project or transaction). When assessing compliance with environment and sustainability-related activities (e.g. during the life of a climate-related project).