Unauthorized Practice of Law by Remote Attorneys: What Attorneys Should Know About Virtual Law Practice, Supervision and Risk Management (2025 Edition)

Francesca Giannoni-Crystal | Crystal and Giannoni-Crystal, LLC

With over two decades of experience in Europe and the United States, Francesca Giannoni- Crystal has provided transactional and compliance assistance to a diverse range of clients, including technology companies, industrial and commercial enterprises, financial institutions, aerospace and defense organizations, and law firms. Her professional journey includes serving as a consultant for the Italian Industrial Association, working with Deloitte Legal, and holding an in-house counsel role for an international internet and mobile-content group (where she managed international technology agreements, privacy and data protection, and terms and conditions matters while coordinating local counsel teams across multiple countries).

With Prof. Nathan M. Crystal, Francesca is a founding member of Crystal & Giannoni-Crystal, LLC, a “lawyer for lawyers and international matters” boutique law firm. She also serves as outside in-house counsel for the Pasquali Group, a company operating in the aerospace and defense industry. A multilingual attorney, Francesca’s linguistic skills enhance her ability to navigate complex cross-border legal matters and engage effectively with clients from diverse jurisdictions.

She has written extensively (both scholarly articles and blogs) on professional responsibility (including cross-jurisdictional practice, privileges, and AI), privacy, and space law.

Nathan M. Crystal | Crystal and Giannoni-Crystal, LLC

Nathan is the managing partner of Crystal & Giannoni-Crystal, LLC, which focuses its practice on professional ethics, international business and litigation, data privacy, and space law. Nathan is an adjunct professor of Professional Responsibility at NYU and retired chaired professor at the University of South Carolina School of Law.

He serves as an expert witness, ethics advisor, disciplinary defense counsel, and internal investigator, having undertaken these roles in hundreds of cases involving lawyers and law firms in all major areas of practice. He acts as outside ethics counsel for several major law firms.

He has written several books on professional ethics and contract law, including PROFESSIONAL RESPONSIBILITY: PROBLEMS OF PRACTICE AND THE Profession (Aspen 8 th ed. 2024 coauthored with Professor Grace Giesel); The Annotated South Carolina Rules of Professional Conduct (2025 ed. forthcoming); along with numerous articles. Nathan is the author of the bimonthly column “Ethics Watch,” which he has been writing for the South Carolina Bar for more than 15 years.

I. Unauthorized practice (commonly referred to as the “butt-in-the-seat” rule) | 2:00pm – 2:30pm

• ABA Formal Opinion #495

II. Choice of law issues | 2:30pm – 3:00pm

• ABA Formal Opinion #504

Break | 3:00pm – 3:10pm

III. Supervision of remote lawyers and staff | 3:10pm – 3:25pm

IV. Malpractice or insurance risks associated with remote work | 3:25pm – 3:40pm