Fires in Australia Fires in Australia have burned millions of acres, have forced thousands to be evacuated and have claimed at least 24 lives. Photo: David Gray/Bloomberg

Australia has witnessed first-hand the impact of climate change, as devastating wildfires have forced thousands to flee in south eastern Australia, have killed at least 24 people, including three firefighters, have burned about 14.5 million acres and have killed nearly a billion native animals.

Climate lawyers are watching.

While climate change might not have ignited the fires, it is creating warmer temperatures, which enable brush fires to turn into catastrophic blazes as they feed on more dried vegetation and reduce water availability because of higher evaporation, climate scientists say.

Eventually, such disasters, whether they occur in Australia, California or the Amazon, will lead to a need for more lawyers with experience in climate change as corporations adapt their business to the changing environment and more governments enact carbon emissions legislation, law firms say.

"It is a very exciting time to be in this space," said Ken Rivlin, the head of Allen & Overy's global environmental law group. "I have no idea how much it will grow. But I am saving some empty offices with the hope and expectation that we will be filling them with new climate lawyers by this time next year," he said.

But at most global law firms, the concept of "climate lawyer"  has yet to catch on.

The term carries different meanings in different places. Rivlin said it can mean a drafter of laws, a litigator, a strategic thinker who can assess risk and opportunity in an evolving regulatory landscape. It also can mean a deal negotiator who can ensure that appropriate "green" commitments are solid, or it can even refer to a boardroom advisor.

The lack of a clear definition is why "climate change lawyer" is not a term of art commonly used by law firms or commercial organisations, according to Scott Gibson of London legal recruitment firm Edwards Gibson.

"We have never been asked to source one," he said.

Still, Gibson did note that there is an increased demand for renewable energy specialists.

"Indeed, we suspect that eventually traditional 'old energy lawyers,' such as those specialising in oil extraction, will need to re-tool to survive," he said.

His firm expects the adoption of eco-friendly political, cultural and economic policies, ranging from the drive toward low carbon energy, changes in consumer habits and investors and financial institutions that are mindful of the negative reputational and ethical issues associated with financing projects that pollute the environment, "will elevate demand for lawyers with experience of climate change."

For law firms, climate change is crossing over into more and more aspects of traditional legal work and many expect the amount of climate work to grow as the ramifications of global warming increasingly affect business activity.

Climate-related work draws in banking and finance lawyers for climate and carbon market transactions, particularly on green bonds and sustainability loans; corporate and governance lawyers advise on issues relating to climate change risk and climate-related disclosures; litigation partners get involved when developments with significant greenhouse emissions face court challenges; and project lawyers work on renewable energy developments.

Norton Rose Fulbright's head of climate change in Australia, partner Elisa de Wit, expects strong demand in the future for lawyers with climate change experience, in particular, experience in emissions trading and carbon project development.

"True climate change practitioners are few and far between," she said.

The head of the global climate change practice at Baker McKenzie, Ilona Millar, expects climate law to "grow incredibly in the next few years," thanks to emissions reductions efforts, where trillions of dollars in investment is needed. Additionally, climate work will gain extra impetus if international carbon markets get underway again, she said.

Millar has taught a course on international climate change at Australian National University for the past decade and said more universities are now offering the subject. In addition, many summer clerks—or interns—who interview for positions at her firm want to work on climate change-related issues, she said.

But it takes more than having a passion for the subject matter. Baker McKenzie looks for sophisticated transactional skills in its climate change lawyers, Millar said.

At White & Case, climate change work is not expected to contribute a significant portion of the firm's revenues, but climate change issues play an increasingly central role in its work on cross-border transactions and advising global clients on environmental regulations, said Seth Kerschner, a partner in the firm's environment and climate change practice in New York.

It is a practice area with the opportunity for ambitious attorneys to thrive, he said.

"The legal landscape around climate change law is always developing and changing," he explained. "An ambitious lawyer can more easily develop an expertise in an area like climate change law because the body of law hasn't been around that long."

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Global Warming Gives Rise to Growth in Climate Law Practices at Global Law Firms