Modern Law Magazine Issue 67

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EDITORIAL
BOARD
Socially Conscious Advice
That Delivers Results
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1 2 3
4
Avoiding
Professional
Negligence
Application
of Periodical
Payment Orders
Understanding
Pension Loss
Trusts for
Minors
Welfare
Benefits
5 6 7
8
Investing for
Vulnerable
Clients
Personal
Injury
Trusts
Loss of Earnings
Self Employed
Claimants
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GROUP
Environmental, Social, and Governance
(ESG) or sustainability or ethical
investing – myriad terms for being a
socially conscious and ethical firm –
has been core to Frenkel Topping for
decades. Working in the personal
injury space, all of our clients are
‘vulnerable’ individuals, therefore our
ethics and values are paramount in our
work managing the financial futures
for people after life-changing events.
This commitment is deeply ingrained in
our investment philosophy, managed
by our Discretionary Fund Manager,
Ascencia, which employs both positive
and negative screening to identify
those companies that excel in ESG
practices, and those that fall short.
Adhering to these core principles offers
tangible benefits to clients, especially
those who are environmentally and
socially conscious.
It’s fair to say we have been at the forefront
of ethical investment – we pioneered one
of the UK’s only true Shariah-compliant
portfolios – and we have proven that safety
and performance can go together – a
sentiment encapsulated in the VT Freedom
Defensive Fund which recently ranked #1
out of 64 in the IA 0-35% shares category,
a testament to the team’s unwavering
commitment to safeguarding the interests
of vulnerable clients, particularly in
turbulent market scenarios.
But our commitment to ESG extends
beyond our investment portfolios. It is in
the fabric of our business, in the services
and products we create, in our behaviours
and practices, our training and talent
development plans and in our charitable
work. In 2015 we created the Frenkel
Topping Charitable Foundation to meet our
duty not only to clients who have a claim
but also to those who don’t.
We are not merely creating robust financial
futures; we are also building a legacy
of trust, excellence, and unwavering
commitment to clients’ financial wellbeing.
We’re proof that financial acumen and
ethical considerations can not only coexist
but can deliver strong returns and have a
positive impact on society.
“Our commitment to
ESG extends beyond our
investment portfolios.”
Mark Holt,
COO, Frenkel Topping
What Are The Potential Implications
Of Greenwashing And How Can The
Legal Industry Combat This Practice
In today’s era of heightened
environmental awareness,
organisations are under increased
scrutiny for their environmental
claims. While many genuinely strive
to reduce their environmental
footprint, a concerning practice
known as greenwashing has emerged.
Greenwashing involves the deceptive
exaggeration or falsification of a
company’s environmental efforts to
make it appear more environmentally
conscious than it truly is. This unethical
practice not only misleads consumers
and investors but also undermines
legitimate sustainability initiatives.
Greenwashing takes various forms, including
vague or unsubstantiated claims of being
“green” or “eco-friendly,” the use of
misleading labels and logos, and selective
reporting of sustainability achievements. It
erodes trust in corporate responsibility and
can lead to financial and reputational harm
for businesses and investors alike. However,
the legal industry can play a pivotal role
in ensuring that companies uphold their
environmental responsibilities.
Lawyers can encourage companies to adopt
transparent reporting practices, including
third-party verification of environmental
claims. Ensuring that sustainability reports
adhere to recognised standards, such as
the Global Reporting Initiative (GRI) or the
Task Force on Climate-related Financial
Disclosures (TCFD). The legal sector
can also play a pivotal role in consumer
education. By collaborating with consumer
advocacy groups, they can educate the
public about common greenwashing
tactics and empower individuals to make
informed choices that act as a deterrent to
greenwashing.
Corporate responsibility audits are another
valuable approach. Lawyers can collaborate
with companies to conduct comprehensive
audits of their sustainability practices,
ensuring alignment with their public claims.
This process can help identify and rectify
any discrepancies between a company’s
actions and its environmental messaging.
Closer to home, lawyers can champion
sustainable practices within their own
firms and among their corporate clients.
Encouraging ethical behaviour and
responsible environmental stewardship can
help prevent greenwashing from within
and promote genuine sustainability.
Through collective effort and a
commitment to genuine sustainability, we
can all contribute to a more transparent
and accountable business environment
that benefits both the planet and its
inhabitants.
Neville Dinshaw,
Managing Director, Law Mergers
& Acquisitions
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