Choice of Law and Conflicts of Interest: One Misstep Can Trigger Multi-State Discipline and Liability

Francesca Giannoni-Crystal
Francesca Giannoni-Crystal
Crystal & Giannoni-Crystal, LLC

Ms. Francesca Giannoni-Crystal is a dually qualified U.S. and Italian attorney whose practice uniquely bridges Civil Law and Common Law systems.

Nathan M. Crystal
Nathan M. Crystal
Crystal & Giannoni-Crystal, LLC

Nathan M. Crystal is an attorney and scholar widely recognized for his expertise in professional responsibility and contract law. He has advised individuals, law firms, and organizations on complex issues of professional ethics and contract interpretation, and has served as an expert witness or consultant in more than 100 multimillion-dollar cases.

On-Demand: December 5, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

This program discusses how lawyer misconduct can have several types of consequences, each governed by different choice-of-law principles. Such consequences may include: (1) disciplinary sanctions, (2) malpractice liability, (3) disqualification from representation, (4) procedural sanctions, and, (5) in some cases, even criminal liability (although the program does not address the criminal aspect). Because each of these areas applies a distinct standard of choice of law, determining which jurisdiction’s rules govern a lawyer’s conduct can be complex and uncertain—particularly in cross-border or multijurisdictional practice. The program will specifically analyze conflicts of interest as an example of such misconduct and consequences.

The program explores how this uncertainty can expose lawyers and firms to inconsistent disciplinary or civil outcomes and how risk-management strategies can mitigate these risks. The discussion will address the role of a law firm’s general counsel in managing the risks arising from the possible application of multiple jurisdictions’ laws. It emphasizes how proactive planning, including the use of choice-of-law clauses in engagement agreements, informed client consent, and internal procedures aligned with the chosen jurisdiction’s professional-conduct rules could enhance predictability, compliance, and client protection. We will discuss Model Rule of Professional Conduct Rule 8.5, the Restatement (Second) of Conflict of Laws §§ 187–188, and case law.

Key topics to be discussed:

  • Multiple consequences of lawyer misconduct
  • Choice-of-law standards for the different consequences
  • Conflicts of interest as a case study
  • Risk management (including Engagement Agreements) and the role of the law firm’s general counsel

Closed-captioning available

Speakers

Francesca Giannoni-Crystal | Crystal & Giannoni-Crystal, LLC

Ms. Francesca Giannoni-Crystal is a dually qualified U.S. and Italian attorney whose practice uniquely bridges Civil Law and Common Law systems. With over two decades of experience advising multinational corporations, law firms, and financial institutions, she has developed deep expertise in cross-border ethics, international professional responsibility, and multijurisdictional practice issues.

As a “lawyer for lawyers,” Ms. Giannoni-Crystal frequently counsels firms on conflicts of interest, international privileges, and professional-conduct compliance across jurisdictions. Her work often addresses complex choice-of-law problems in attorney discipline and malpractice exposure, particularly in matters involving international transactions and cross-border representation.

Prior to co-founding Crystal & Giannoni-Crystal, LLC with Professor Nathan M. Crystal in 2011, she served as a legal consultant for the Italian Industrial Association and practiced with Deloitte Legal, where she handled transactional and regulatory matters for global enterprises. She later managed legal affairs for a major publicly traded Italian company with subsidiaries in the U.S., U.K., China, Brazil, and other jurisdictions, overseeing international contract negotiation, data privacy, and corporate governance.

Ms. Giannoni-Crystal is also co-responsible for Technethics (www.technethics.com), an educational platform dedicated to the intersection of ethics, technology, and cross-border legal compliance. Her practice and scholarship focus on helping law firms and attorneys anticipate and manage risks arising from the application of multiple jurisdictions’ professional-conduct rules.

 

Speaker_Nathan M. Crystal_myLawCLENathan M. Crystal | Crystal & Giannoni-Crystal, LLC

Nathan M. Crystal is an attorney and scholar widely recognized for his expertise in professional responsibility and contract law. He has advised individuals, law firms, and organizations on complex issues of professional ethics and contract interpretation, and has served as an expert witness or consultant in more than 100 multimillion-dollar cases.

Professor Crystal is the Class of 1969 Professor Emeritus of Professional Responsibility and Contract Law at the University of South Carolina School of Law, where he taught for 34 years, and currently serves as an adjunct professor of Professional Responsibility at New York University.

His distinguished career includes service on the South Carolina Bar Ethics Advisory Committee for over 20 years, including a term as chair, as well as membership on the New York City Bar Ethics Advisory Committee. He also chaired the International Law Committee of the South Carolina Bar, reflecting his experience with cross-border and international dimensions of legal ethics.

In addition to his teaching and advisory roles, Professor Crystal has lectured extensively around the world and held visiting academic appointments at leading universities in the United States, Europe, and Asia. In 2011, he co-founded Crystal & Giannoni-Crystal, LLC, where he continues to focus on professional responsibility and contract law.

Agenda

I. Multiple consequences of lawyer misconduct | 1:00pm – 1:30pm

II. Choice-of-law standards for the different consequences | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. Conflicts of interest as a case study | 2:10pm – 2:40pm

IV. Risk management (including Engagement Agreements) and the role of the law firm’s general counsel | 2:40pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 Ethics

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 Ethics

Arkansas

Approved for CLE Credits
2 Ethics

Arizona

Approved for CLE Credits
2 Professional Responsibility/Ethics

California

Approved for CLE Credits
2 Ethics

Colorado

Pending CLE Approval
2 Ethics / Professionalism

Connecticut

Approved for CLE Credits
2 Ethics / Professionalism

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 Enhanced Ethics

Florida

Approved via Attorney Submission
2.5 Ethics Hours

Receive CLE credit in Florida via Attorney Submission.
Georgia

Approved for CLE Credits
2 Ethics

Hawaii

Approved for CLE Credits
2 Ethics / Professionalism

Iowa

Pending CLE Approval
2 Ethics

Idaho

Pending CLE Approval
2 Ethics / Professionalism

Illinois

Pending CLE Approval
2 Ethics, Civility, Professionalism

Indiana

Pending CLE Approval
2 Ethics

Kansas

Pending CLE Approval
2 Ethics / Professionalism

Kentucky

Pending CLE Approval
2 Ethics

Louisiana

Approved for Self-Study Credits
2 Ethics

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 Ethics / Professionalism

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Approved for Self-Study Credits
2 Ethics

Missouri

Approved for Self-Study Credits
2.4 Ethics

Mississippi

Pending CLE Approval
2 Ethics

Montana

Pending CLE Approval
2 Professional Fitness and Integrity

North Carolina

Pending CLE Approval
2 Ethics

North Dakota

Approved for CLE Credits
2 Ethics

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 Professional Responsibility

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 Ethics / Professionalism minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 Ethics / Professionalism

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 Ethics

Nevada

Pending CLE Approval
2 Ethics / Professionalism

New York

Approved for CLE Credits
2.4 Ethics / Professionalism

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
2 Professional Conduct

Oklahoma

Pending CLE Approval
2.5 Ethics / Professionalism

Oregon

Pending CLE Approval
2 Ethics

Pennsylvania

Approved for Self-Study Credits
2 Ethics

Rhode Island

Pending CLE Approval
2.5 Ethics / Professionalism

South Carolina

Pending CLE Approval
2 Ethics

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Approved for Self-Study Credits
2 Dual

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 Ethics / Professionalism

Virginia

Not Eligible
2 Ethics / Professionalism Hours

Vermont

Approved for CLE Credits
2 Ethics

Washington

Approved via Attorney Submission
2 Ethics Hours

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

Ethics credits can ONLY be earned through Live-Webcast programs, the Wisconsin Board of Bar Examiners does not approve Ethics through On-Demand sessions.
West Virginia

Pending CLE Approval
2.4 Ethics / Professionalism

Wyoming

Pending CLE Approval
2 Ethics / Professionalism

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