Does the in-house lawyer have a current practising certificate (or a statutory right to practise)?
The existence of a current practising certificate will assist in establishing independence. It demonstrates that the lawyer is bound by the current ethical and professional standards of the legal profession. It also demonstrates that the lawyer is subject to peer review and the disciplinary regime of the particular jurisdiction in which they are entitled to practise. Is the organisational culture or structure within which the in-house counsel is employed conducive to that lawyer acting with the ethical and professional standards of an independent lawyer? A workplace that encompasses an authoritarian structure and demands obedience to superiors is unlikely to produce a sufficiently independent lawyer. In such an environment, the in-house counsel is more likely to place loyalty to the employer as a higher priority than acting in accordance with the ethical standards and duties of the legal profession.6 Does the in-house counsel also have management or administrative duties to perform in
