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. 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.

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

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

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

Francesca Giannoni-Crystal is a dually qualified U.S. and Italian attorney whose practice bridges Civil Law and Common Law systems. With more than two decades of experience advising multinational corporations, law firms, and financial institutions, she focuses on cross-border ethics, international professional responsibility, and multijurisdictional practice issues. Known as a “lawyer for lawyers,” she frequently counsels firms on conflicts of interest, international privileges, and professional-conduct compliance across jurisdictions, often addressing complex choice-of-law issues in attorney discipline and malpractice exposure. As co-founder of Crystal & Giannoni-Crystal, LLC, she also contributes to advancing education on ethics and technology through her work with Technethics.

  • Education & Credentials

Francesca Giannoni-Crystal is dually qualified as an attorney in the United States and Italy, reflecting her ability to navigate both Common Law and Civil Law systems. Her credentials support a practice focused on international legal ethics, professional responsibility, and cross-border legal compliance.

  • Recognition & Leadership

Francesca Giannoni-Crystal is recognized for her leadership in cross-border legal ethics and professional responsibility, particularly through her role as co-founder of Crystal & Giannoni-Crystal, LLC. She also plays a key leadership role in Technethics, an educational platform focused on the intersection of ethics, technology, and cross-border compliance, helping shape thought leadership in these areas.

  • Professional Involvement

Francesca Giannoni-Crystal is actively involved in advising law firms and legal professionals on international ethics and compliance issues, including conflicts of interest, privilege, and multijurisdictional professional conduct. Through her work with Technethics, she contributes to education and dialogue حول
the evolving challenges at the intersection of technology, ethics, and global legal practice.

  • Experience

Francesca Giannoni-Crystal has over 20 years of experience advising multinational corporations, law firms, and financial institutions on cross-border legal and ethical issues. Prior to co-founding Crystal & Giannoni-Crystal, LLC in 2011 with Professor Nathan M. Crystal, she worked as a legal consultant for the Italian Industrial Association and practiced with Deloitte Legal, handling transactional and regulatory matters for global enterprises. She later managed legal affairs for a publicly traded Italian company with international subsidiaries, overseeing contract negotiations, data privacy, and corporate governance across multiple jurisdictions, including the United States, United Kingdom, China, and Brazil. Her work continues to focus on helping attorneys and firms manage risks arising from overlapping professional-conduct rules across jurisdictions.

 

Speaker_Nathan M. Crystal_FedBarNathan 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. Over the course of his distinguished career, he has advised individuals, law firms, and organizations on complex ethical and contractual issues and has served as an expert witness or consultant in more than 100 multimillion-dollar cases. A longtime academic, he 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 at New York University. In 2011, he co-founded Crystal & Giannoni-Crystal, LLC, continuing his work in professional responsibility and contract law while contributing to global discussions on legal ethics.

  • Education & Credentials

Nathan M. Crystal is an attorney with a distinguished academic and professional background in professional responsibility and contract law. He holds the title of Class of 1969 Professor Emeritus of Professional Responsibility and Contract Law at the University of South Carolina School of Law and currently serves as an adjunct professor of Professional Responsibility at New York University.

  • Recognition & Leadership

Nathan M. Crystal has held numerous leadership roles throughout his career, including serving for over 20 years on the South Carolina Bar Ethics Advisory Committee, where he also served as chair, and as a member of the New York City Bar Ethics Advisory Committee. He also chaired the International Law Committee of the South Carolina Bar, reflecting his leadership in both domestic and international legal ethics.

  • Professional Involvement

Nathan M. Crystal has been extensively involved in the legal profession through advisory, academic, and speaking roles. He has lectured worldwide on professional responsibility and contract law and has held visiting academic appointments at leading universities across the United States, Europe, and Asia, contributing to the global development of legal ethics and professional standards.

  • Experience

Nathan M. Crystal’s experience spans decades of legal practice, scholarship, and consulting. 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. His career includes 34 years of teaching at the University of South Carolina School of Law, as well as ongoing teaching at New York University. In addition, he co-founded Crystal & Giannoni-Crystal, LLC in 2011, where he continues to focus on professional responsibility and contract law, while also engaging in international lecturing and academic work.

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 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

Approved for Self-Study Credits
2 Ethics, Civility, Professionalism

Indiana

Approved For On-Demand Credits
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

Approved for Self-Study Credits
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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