• videocam Live Webinar with Live Q&A
  • calendar_month August 19, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Ethics and Specialty Credits
  • schedule 90 minutes

Ethical Issues for Alternative Business Structures and Management Services Organizations

About the Course

Introduction

This CLE webinar will provide guidance to attorneys on the ethical considerations for the practice of law as alternative business structures (ABS) and management services organizations (MSO). The panel will discuss the steps in structuring an ABS and the use of MSOs, how lawyers participate in these organizations, co-counsel arrangements, negotiating MSO contracts, and key ethical issues lawyers must consider when working with an ABS or MSO.

Description

Although more prevalent in other professional practices, investments in law firms by non-lawyers and private equity firms via ABSs or MSOs have been increasing in recent years. Lawyers involved with either of these structures subject themselves to substantial ethical issues and must ensure compliance with ABA Model Rules and specific regulations within states where such structures are allowed.

ABA Model Rule 5.4 and many state laws and rules prohibit non-lawyer fee-sharing and ownership of law firms. However, this restriction and potential ethical risks for lawyers have not stopped the progression of these structures in some states, allowing ABSs where there is direct ownership and fee sharing by non-lawyers, and the use of MSOs, allowing non-lawyer participation in non-legal parts associated with a law practice.

Lawyers must understand the ABA Model Rules, state law and rules, and ethical risks associated with ABSs and MSOs to properly assess participating in either of these structures.

Listen as our panel discusses the steps in structuring an ABS and the use of MSOs, how lawyers participate in these organizations, and key ethical issues lawyers must consider when working with an ABS or MSO.

Presented By

Nathan M. Crystal
Attorney at Law, Founder, General Counsel
Crystal & Giannoni-Crystal, LLC

Mr. Crystal is a scholar and a practicing attorney. He has advised individuals and entities, including major law firms, on matters of contract law and professional ethics and has lectured throughout the world on these subjects. Mr. Crystal frequently serves as expert witness or consultant in multimillion dollar cases. He is a Class of 1969 Professor Emeritus of Professional Responsibility and Contract Law, University of South Carolina. Mr. Crystal taught for 34 years at the University of South Carolina School of Law. He currently teaches Professional Responsibility at NYU as an adjunct professor. Mr. Crystal concentrates in the areas of professional responsibility and contract law. He has been a member of the South Carolina Bar Ethics Advisory Committee for more than 20 years and served as chair of the Committee from 2002-2003. Mr. Crystal has consulted on matters of Contracts and Professional Responsibility for almost 40 years and served as a testifying or consulting expert in more than 100 cases. In 2011, he co-founded, together with Ms. Giannoni-Crystal, Crystal & Giannoni-Crystal LLC.

Francesca Giannoni-Crystal
Attorney at Law, Founder
Crystal & Giannoni-Crystal, LLC

Ms. Giannoni-Crystal is a dually-qualified U.S. and Italian attorney. In her vicennial career she has provided assistance to a wide range of clients (industrial, commercial and technological companies, banks & financial institutions, law firms) both domestically and internationally. Ms. Giannoni-Crystal's practice has focused on transactional work and contractual issues (commercial law, banking law, Internet law, business law, international transactions, mergers and acquisitions, constitution and reorganization of companies, financing, and property development). She is also a “lawyer for lawyers”, assisting law firms in bridging activities Civil Law-Common law, and supporting other lawyers in international litigation (including international privileges), issues of cross border ethics, and international transactions. After serving as a legal consultant for the Italian Industrial Association and as attorney for Deloitte Legal for several years, Ms. Giannoni-Crystal opened her own practice, where she regularly assisted major companies and international groups.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

  • An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, August 19, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Overview of ABS and MSOs

A. What are they?

B. How are they structured?

II. Lawyer participation in ABS and MSOs

A. ABS referrals and co-counsel arrangements

B. Partnering with an MSO

III. Ethical issues: recent ethics opinions and pitfalls to avoid

A. Recent ethics opinions

B. Fee-splitting

C. Conflicts of interest

D. Multijurisdictional practice

The panel will discuss these and other key issues:

  • What are ABSs and MSOs, and how do they impact the practice of law?
  • How are ABSs and MSOs structured?
  • What participation models are available for lawyers?
  • What are the ethical risks associated with ABSs and MSOs?
  • Recent ethics opinions and state regulation