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»	Being Green

I attended the keynote address at the ILTA (International Legal Technology Association) '08 conference without any expectations. The conference theme was "Being Green"—relevant to the masses, but not something in which I was overly interested. I left that keynote address stunned and more committed to being green than I ever expected. Do I have a compost heap now? Not exactly. Have I ever gotten lazy about rinsing out the plastic tray of a microwave meal and simply thrown it in the trash? A few times. But, overall, that single speech left me changed. A few weeks later, in conjunction with International Professional Legal Management Week, ILTA sponsored a webinar about the greening of the legal profession. Again, I was amazed by the number of ways businesses can help our environment.

Being green can save your firm money while helping to save the environment, but the ILTA keynote address, given by Tim Sanders, the former chief solutions officer at Yahoo, went beyond this. The address was also about corporate social responsibility and sustainability programs, of which instituting green-based changes are only a part. Social responsibility is the idea that an organization and its members feel responsible to give back to society or improve the quality of life in society. I learned that due to population trends, there will be a decrease in talent in the near future, with a huge population reaching retirement and a relatively small pool of new entrants in the workforce. At the same time, incoming (i.e., younger) workers have grown up with recycling and climate change. These are not new issues for them, but are simply part of their generational culture. Who they work for partly defines the kind of person they are, and they expect employers to follow green business practices and to have programs that give back to society in one way or another. Studies even indicate that many of them would accept a slightly lower salary at a socially committed organization over a larger salary with a less responsible one. For businesses wanting access to the shrinking talent pool, their social reputation increasingly will become a differentiator.

Socially responsible companies also have a better chance of surviving in the long term because customers are also beginning to demand these types of commitments. They will shop at one store over another if one is known to be socially responsible or aligned with a certain societal cause. As Sanders asked, "Is your company a partner or a parasite?" He also said one study showed that eight out of 10 college students spend an hour or more researching a potential employer's social reputation. They don't want to be associated with a parasite! (Sanders refers to these companies as being "Facebook-worthy.") Lastly, companies that take steps to be green now, before laws are enacted that require it, will be in better shape. Change takes time and money, and those that wait too long may not be able to keep up with these changing laws. Sanders notes that "the new cutting edge of business will be at the intersection of business and society."¹ Social responsibility will be the most important aspect of a company's brand or identity in the future. When I heard on the radio recently that Target gives 5 percent of its income back to the community—more than $3 million a week, it certainly made me want to continue shopping there. Imagine if all businesses had such a commitment!

Starting a green initiative is a baby step toward achieving "responsible" status, but some of the changes are quick and easy to implement. Others take time and may have an initial cost associated with them, although in the long run they will save money. These changes work toward one of the following goals:

• To not remove nonrenewable resources from the earth (hydrocarbons, heavy metals)
• To not systematically place persistent toxins in the air and water (PCBs, pesticides)
• To not systematically degrade the natural world (watersheds, biodiversity, coral reefs)
• To use finite natural resources efficiently and equitably (steel, wood fiber)²

Specific examples of changes you can make to work toward these goals were covered during the Greening of the Legal Profession webinar:

• Pollution Prevention—Require carpet-cleaning contractors to use environmentally friendly cleaning products; require painters to use paints and sealants with low VOCs (volatile organic compounds); encourage people to sign up for e-mail alerts instead of hard copy publications to "spare the air"; eliminate partner parking subsidies; encourage use of public transportation.
• Lighting—Use sensor lights that turn on/off automatically; if not possible, consider using timers or at least post a "turn off lights" reminder on switches; switch to T-8 energy efficient bulbs (using 62 percent less electricity).
• Energy Conservation—Set computer monitors to energy-efficient standby mode (consuming 90 percent less energy); set printers and copiers to enter standby mode after 20 minutes of inactivity; replace all electronics with Energy Star-certified devices.
• Recycling—Eliminate plastic liners from wastebaskets (this encourages proper behavior for disposing food waste, coffee cups); provide mini-trash cans to separate garbage from recyclables; donate old office furniture and equipment to nonprofit organizations for reuse; give purchasing preference to items with high recycled content and minimal packaging; recycle batteries and set up composting stations; recycle all electronics—computers, monitors, printers, and printer cartridges.
• Paper Usage—Switch to 100 percent post-consumer content recycled, non-chlorine bleached paper; eliminate hard copy interoffice memos, financial reports and pre-bills; eliminate banner pages; set printers and copiers to double-side printing/copying where possible; go green (electronic) with newsletters, client/industry alerts, holiday cards; move toward all digital client files; choose green vendors.
• IT Systems—Switch to virtual servers; encourage telecommuting by providing remote access capabilities; for document management, save all client files electronically, eliminate e-mail printing, and encourage scanning hard copies to PDF; use e-filing with courts where possible; for litigation support, reduce or eliminate hard copy document review and coding.
• Food Services—Replace all paper products (napkins, paper towels, toilet paper) to highest recycled content available; use only "fair trade" certified coffee; replace plastic eating utensils with metal or plastic substitutes such as corn plastic; replace disposable paper and plastic cups with glass mugs and water glasses; use ceramic plates or recycled paper plates.
• Water Conservation—eliminate water bottles; install aerators on all faucets.

This is not an exhaustive list, and working with a consultant will give you more details on how much money these changes can save you, based on firm size and current consumption rate as well as environmental impact. Be advised there are a few areas where there will be higher costs. Recycled paper is around 25 percent more expensive, although the numbers are coming down; using green power sources is slightly more expensive; you may have to purchase duplex printing trays; and there is an initial cost for any lighting retrofit. Also, you may find yourself limited on what things you can do based on the building space you are leasing. Some states and localities do not have mandatory recycling and similar green-friendly laws, thus buildings may not support all of the changes you want to make. There will be people obstacles as well, such as attorneys who loath two-sided copies or have difficulty reading documents "on screen"; and facilities staff may not like the extra work of cleaning dishes and glasses and prefer convenient disposables. As with any big change, you will need buy-in, so form a committee from across the firm and publicize your efforts as much as possible.³

For an excellent resource on starting a sustainability program at your firm, a tool set for law offices is available from the Center for Earth Leadership at http://www.earthleaders.org/olsf/office_practices. You may also want to learn about LEED (Leadership in Energy and Environmental Design) certification, which promotes a whole-building approach to sustainability by recognizing performance in several areas of human and environmental health. If you are building out a new site, work with your architect to make sure wood harvested from sustainable forests is used; choose recycled carpeting, floor tiles, and wall coverings; use no or low VOC paint; purchase furnishings made from recycled materials; install energy efficient light fixtures and sensors; and upgrade HVAC systems and buy Energy Star-rated appliances and computers.⁴ Also, consider interviewing your vendors about their green plans and give preference to vendors who have a strong commitment to saving the earth.

My Google Alert for "law firms + green initiatives" turns up an article almost daily. Firms are not only making these changes, but making sure they are getting credit for it via press releases and other marketing methods. For instance, Nixon Peabody received press coverage when it achieved LEED silver certification in two of its offices. Early adopters gain a recognition advantage.⁵ So, be a leader, not a follower. Your clients (and employees) will appreciate it, and, at some point, you are going to have to do it anyway. Why not do it now while you have the recognition advantage?

Sources

1. See the Tim Sanders preview reel (video) at http://www.timsanders.com/downloads/video.html.

2. The Greening of the Legal Profession webinar, September 23, 2008, presented by Professional Legal Management Week participating associations. See http://www.plmw.org/webinars.html.

3. Id.

4. Id.

5. Id.

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