Barbara Moss

Elder Law Professor
_MossBarbara

Firm, Company, or Court
Elder Law of Nashville PLC

Education

J.D.,  Vanderbilt University School of Law, May, 1977. Order of the Coif.  Vanderbilt Law Review.  President, Honor Council.B.A., Vanderbilt University,  May, 1972,  Major in Philosophy.

Employment

March 1, 2014-Present: Founder, Elder Law of Nashville PLC.  Practice concentrated in elder law, Medicaid planning; VA Benefits, estate planning, conservatorships, probate.

October 2009-February 2014: Counsel, Norris & Norris PLC.  Practice concentrated in elder law, probate, estate planning, conservatorships, and alternative dispute resolution.

December 2005-2009: Counsel, Stites & Harbison, PLLC.  Practice concentrated in elder law, probate, estate planning, conservatorships, and alternative dispute resolution.

1997-2005: Of counsel then partner with the firm of Wyatt, Tarrant & Combs in Nashville, Tennessee.  Co-chair of the firm’s Labor & Employment Practice Group and member of the firm’s Commercial Litigation Practice Group. Practice concentrated in the areas of labor and employment counseling and litigation, business litigation, and alternative dispute resolution.

1981-1996: Associate and partner in the firm of Gullett, Sanford, Robinson & Martin in Nashville, Tennessee.  Majority of practice business and personal injury litigation of all types including employment, contract, medical and professional malpractice, securities fraud, and products liability.

1977-1981: Associate with the firm of Boult, Cummings, Conners & Berry.  Primary area of practice in personal injury litigation.

Professional Activities:

Professor of Law, Nashville School of Law (2020-present); Adjunct Professor of Law, Vanderbilt School of Law, Appellate Advocacy Program, Trial Advocacy Program (1984-2000); Board of Professional Responsibility of the Supreme Court of Tennessee (Member, 1989-96, Chair 1995-96);  named “Best of the Bar” by peers in Nashville, one of the 70 best lawyers in Nashville, (2003-04, 2006-09, 2013-15, 2017-18, 2020); chosen as a Mid-South Super Lawyer by Law & Politics Magazine, (2006-present, most recently in the area of Elder Law), chosen as one of the 50 female lawyers in the Mid-South by Law and Politics Magazine, (2014-present); Best Law Firms, U.S. News & World Report (2015);  named by peers to be included  in The Best Lawyers in America© in the practice areas of Commercial Litigation, Litigation – Construction, Litigation – ERISA, Litigation – Labor & Employment and Litigation – Trusts & Estates (2005—present); named by peers as one of “Nashville’s Best Lawyers.” The Tennessean (2010); listed in Nashville’s Best Lawyers (2011-present, most recently in the area of Trusts and Estates);  named as one of “Top Lawyers” by Labor +Employment ® (2010); Memphis Magazine, Top 50 Women Attorneys In The Mid-South;  Martindale-Hubbell Top Rated Lawyer (2012);  Martindale-Hubbell® Bar Register of Preeminent Women Lawyers; (2012-present); National Association of Elder Law Attorneys (NAELA) (2011-present); Tennessee Chapter of NAELA (President 2017-18); Rule 31 Mediator, General Civil Mediation (2003-2013); Harry Phillips Inn of Court (2001-2005); Federation of Defense and Corporate Counsel (2008-2010); Lawyers’ Association for Women (President, 1994; “Unsung Heroes” Award, 1997); Nashville Bar Association (President’s Award 1989, Board of Directors 1990-93); Tennessee Lawyers’ Association for Women; Tennessee Bar Association (Board of Governors, 1999-2005); Fellow, Tennessee Bar Foundation (2001-present); Fellow, Nashville Bar Foundation (1992-present); Civil Justice Reform Act Advisory Group (1991-94); Registered panel member: American Arbitration Association (1993-present); Tennessee Bar Association, Professional Standards of Conduct Committee (1996-2004).

COMMUNITY ACTIVITIES AND AWARDS:

Athena Award Recipient 2007; Academy of Women of Achievement Award, sponsored by YWCA, October, 2008;  Recipient of Molly Todd Cup from CABLE (award given to one woman in Nashville each year for community service) 2008;  Nashville Business Journal, Women of Influence (2007);  Senior Services Network, Board of Directors (2013-present);  FiftyForward Board of Directors (2012-present);  Leadership Nashville (2001-02), Alumni Board (2004-2006); Board of Directors, Alcohol & Drug Council, (2007—2008); Nominated for the American Bar Association Margaret Brent Award, (2005, 2006); YWCA Board of Directors (2004-2007); CABLE, Legal Advisor (2004-2006); Magdalene Program, Management Committee for Thistle Farms (2002-2006), Chair 2003-2004); Board Member, Middle Tennessee Workforce Investment Board (2004-06); Board of Directors, Susan G. Komen Breast Cancer Foundation (2003-04); Advisory Board, The Hope Fund (2001-04); Tennessee Commemorative Woman’s Suffrage Commission, Chair–Middle Tennessee events (1994-1996); First Unitarian Universalist Church (Board Member, 1993-1995; Trustee, 2002-present); WIN (Executive Committee 1994-96); Nashville Women’s Breakfast Club (1990-present, President, 1999); Nashville Ski Club (Board Member, 1997); National Conference for Community and Justice (Board Member 1998-2002).

PUBLICATIONS:

“Breaking Down Britney Spears’ Conservatorship Court Case.  Could It Happen in Nashville?” The Tennessean, July 7, 2021; “’Stop the Steal’ Rhetoric Reveals Some Americans Lack Knowledge of How Courts Function,” The Tennessean, February 5, 2021; “Don’t Worry about Who Is a Democrat or Republican but What Are Their Principles,” The Tennessean, November 18, 2020; “The TennCare Block Grant Proposal Could Hurt Seniors.  We’re Not Talking About It,” The Tennessean, October 11, 2019; Let Older Americans Month Spur You to Tackle Legal Planning,” The Tennessean, May 15, 2019; “The TennCare Block Grant Proposal Could Hurt Seniors.  We’re Not Talking About It,” The Tennessean, October 11, 2019; Let Older Americans Month Spur You to Tackle Legal Planning,” The Tennessean, May 15, 2019; “This Is Not a Constitutional Crisis,” The Tennessean, July 16, 2017;  “Law Practice Tips: Hiring a Key Employee,” Nashville Bar Journal, February, 2016;  “Law Practice Tips: How to Set Up your Website,” Nashville Bar Journal, January, 2016;  “Law Practice Tips: Practice Management Software,” Nashville Bar Journal, January, 2016;  “See Attorney when Loved One Goes to Nursing Home,” The Tennessean, January 10, 2016; “Law Practice Tips: Search Engine Optimization (SEO),” Nashville Bar Journal, November, 2015;  “Don’t Leave your Family Battling after your Death,” The Tennessean, November 11, 2015; Don’t Put Off Seeing Attorney,” The Tennessean, September 4, 2015;  “Elder Abuse,” Green Hills Living, February, 2014; “Veterans Service Benefits and Pending Legislation,” Green Hills Living, January, 2014;  “Treating Your Children Equally in Estate Planning,” Green Hills Living, December, 2013;  “Seniors Need to Plan for Housing,”  Green Hills Living, October, 2013;  “Which Is Right for You:  Will or Revocable Trust?” The Tennessean, October 6, 2013;  “Balancing Our Lives,” Green Hills Living, August, 2013;  “Power of Attorney Provides Peace of Mind,” The Tennessean, July 7, 2013;  “Proving a Disability for Benefits Can Take Time,” The Tennessean, February 17, 2011;  “Make a Will to Save Loved Ones from Nasty Court Battles,” The Tennessean, December 30, 2010;   “Beware of Nursing Home Contracts that Preclude Lawsuits,” The Tennessean, October 27, 2010;  “It Pays for Employers to Know Child Labor Laws,” The Tennessean, September 9, 2010;  “Know the Law to Keep Debt Collectors in Line,” The Tennessean, August 14, 2010;  “Free Online Forms Can Simplify End-of-Life Decisions,” The Tennessean, July 6, 2010;  “Put ‘Power of Attorney’ Only in Hands You Trust, The Tennessean, June 22, 2010; “Read, Understand Contracts before Signing on the Line,” The Tennessean, April 17, 2010;  “Complex Rules Await Disabled Workers in Need of Aid,” The Tennessean, March 30, 2010;  “Failing to Get a Divorce Could Frustrate Estate Plans,” The Tennessean, March 9, 2010;  “Tennessee Law Protects Elderly, Disabled from Abuse,” The Tennessean, February 4, 2010;  “Prepare a Will to Reduce Expenses, Bitter Feelings,” The Tennessean, January 11, 2010;  “State Law Protects against More of Sellers’ Tricks,” The Tennessean, December 19, 2009; “TN Law Protects Against Undue Influence on Wills,” The Tennessean, December 16, 2009; “Arbitration Can Cost Less, Be Faster than Jury in Dispute,”  The Tennessean, November 28, 2009;   “The Facts Show McDonald’s Coffee Lawsuit Was Legit,” The Tennessean, November 21, 2009;  “Tennessee Law Helps Determine if Conservator Is Needed,” The Tennessean, October 12, 2009;  “Employees Should Know Rules for Workers’ Comp,” The Tennessean, September 15, 2009; “COBRA Insurance Gives Workers Freedom, Safety Net,” The Tennessean, September 1, 2009;  “How Companies Should Deal with Union Campaigns,” The Tennessean, August 11, 2009;   “Use of Social Networking Sites Poses New Challenges,” The Tennessean, July 21, 2009; “Online Profiles Can Keep Applicants from Landing a Job,” The Tennessean, July 3, 2009;  “Equal Pay Act Bans Sex-Based Wage Discrimination,” The Tennessean, June 2, 2009;  “Law Covers Harassment from Opposite, Same Sex,” The Tennessean, April 28, 2009; “Trained Interviewers Cut Risk of Bad Hires, Lawsuits,” The Tennessean, April 13, 2009;  “Fair Pay Act May Bring More Discrimination Suits,” The Tennessean, March 31, 2009;   “Tennessee’s Unemployed Can Use Stimulus Money,” The Tennessean, March 14, 2009;  “Employee Free Choice Act Would Reignite Union Debate,” The Tennessean, March 5, 2009; “Flexible Staffing Can Help Cope with Tough Economy,” The Tennessean, February 17, 2009; “Preparing a Will Can Save Heirs a Lot of Headaches,”  The Tennessean, February 3, 2009;  “Big Companies Must Alert Workers to Mass Layoffs,” The Tennessean, January 13, 2009;  “Bankruptcy Filing Triggers ‘Automatic Stay,’” The Tennessean, December 23, 2008;  “Proving a Disability is About to Get Much Easier,” The Tennessean, December 2, 2008; “Courts Note Timing of Employment Action,” The Tennessean, November 11, 2008;  “Businesses Cannot Turn Away People with Service Animals,” The Tennessean, October 14, 2008;  “Laws Cover Workplace Document Retention, Posting of Notices,” The Tennessean, September 23, 2008; “Employers Should Heed Worker Complaints about Retaliation,” The Tennessean, August 26, 2008;  “Employers Can Discriminate Under Certain Circumstances,” The Tennessean, August 5, 2008;  “Managers’ Remarks Decide Family-Care Discrimination Cases,” The Tennessean, July 15, 2008;  “Employers Must Adapt as Rights for Military Families Develop,” The Tennessean, June 24, 2008;  “Leave of Absence Helps Workers Balance Work, Family Duties,” The Tennessean, June 10, 2008;  “Not All Terminated Workers Qualify for Unemployment Benefits,” The Tennessean, May 20, 2008;  “Be Consistent, Fair when Dealing with Problem Employees,” The Tennessean, April 29, 2008;   “Settling Employment Suit Can Reduce Financial, Emotional Cost,” The Tennessean, April 8, 2008;  “ATHENA Program Acknowledges Women’s Leadership Role in the Community,” The Tennessean, March 25, 2008;  “Discrimination Suit Provides Lesson:  Being a Bully Isn’t Against the Law,” The Tennessean, March 25, 2008;  “Drug-Free Workplace Act Can Protect Companies, Save Money,” The Tennessean, March 4, 2008;  “Training May Tip Suits Against Ex-workers Who Join Competition,” The Tennessean, February 12, 2008;  “Businesses Must Protect Their Trade Secrets from Spying Eyes,: The Tennessean, January 29, 2008;  “Age Is No Laughing Matter when It Comes to Discrimination Law,” The Tennessean, January 15, 2008;  In Certain Circumstances, Bosses Can Be Sued for Discrimination,” The Tennessean, January 1, 2008;  “The Long Arm of Workers’ Comp Law Now Reaches the Home,” The Tennessean, December 18, 2007;  “Respond the Right Way to Discrimination Claims at Work,” The Tennessean, December 4, 2007;  “Employers Must Be Sensitive to Psychiatric Disability Claims,” The Tennessean, November 20, 2007;  “Workers’ Compensation Helps Employees and Employers,” The Tennessean, November 6, 2007;  “Religious Discrimination is a Potential Minefield for Employers,” The Tennessean, October 23, 2007;  “Employers Required to Make New No-Smoking Policy Known,” The Tennessean, October 9, 2007;  “Honesty about Performance Can Prevent Trouble after Firing,” The Tennessean, September 25, 2007;  “Use of Credit Reports When Hiring Carries Responsibilities,”  The Tennessean, September 11, 2007; “Employers Who Review Their Hiring Practices Can Avoid Lawsuits,” The Tennessean, August 28, 2007;  “Employers Need to Use Care When Adopting English-Only Rules, The Tennessean, August 14, 2007; “Mayoral Election Offers Refresher in Civics for Bosses, Workers,” The Tennessean, July 31, 2007;  “Workers, Employers Have Responsibilities under Disabilities Law,” The Tennessean, July 17, 2007;  “Employers Have Obligations to Workers Back from the Military,” The Tennessean, July 3, 2007;  “Most Important Deterrent to Harassment Suits Is Written Policy,” The Tennessean, June 19, 2007;  “Ruling Over Pay Inequality Means Clock Starts Ticking Earlier,” The Tennessean, June 5, 2007; “How Business is Organized Can Affect Owner’s Liability, Taxes,” The Tennessean, May  29, 2007; “Employers Must Accommodate Workers Who Breastfeed Their Children,” The Tennessean, May 20, 2007: “Sidestep Problems by Paying Wages Due Departing Employees,” The Tennessean, May 8, 2007; “Mediation, Arbitration Could Help Avoid Pain of Lawsuits,” The Tennessean, May 1, 2007; “In Tennessee, Employees Can Be Fired for Almost Any Reason,” The Tennessean, April 17, 2007; “Technology Poses New Set of Problems for Many Employers,” The Tennessean, April 8, 2007; “Unpaid Overtime Is an Expensive Lawsuit Waiting to Happen,” The Tennessean, March 27, 2007; “The Meaning of the Rule of Law,” The Tennessean, October 14, 2006;  Living Authentic Lives, L.A.W. Matters, June, 2001, T.L.A.W. Newsletter, Summer, 2001; “Eyewitness Testimony Can Frequently Be Mistaken,” The Tennessean, June 17, 1998; “Do We Need or Want the Death Penalty?”  The Tennessean, July 10, 1997; “An Eye on Court: Even With Its Warts, Camera in Courtroom Helps to Keep a Citizen Hand in Justice,” The Tennessean, July 19, 1996; “Ads for Lawyers: They’re Legal, But There Might be a Much More Sensible Way of Picking an Attorney,” The Tennessean, March 11, 1996; “In the O.J. Trial: How to Draw the Line Between Informing the Public and Pandering to the Bizarre,” The Tennessean, May 29, 1995; “Ethical Prohibitions Against a Lawyer’s Serving as Both Advocate and Witness,” 23 Memphis State University Law Review, No. 3, Spring 1993, pp. 555-64; “Developing a Parental Leave Policy for Lawyers in Your Firm,” Tennessee Bar Journal, September/October 1992, pp. 10-13; “Should Entire Disciplinary Process be Open?  Yes,” Nashville Bar Journal, March 1992; “Primer for a Working Parent,” The Tennessean, June 13, 1991.

SEMINARS:

How Can We Best Serve Our Clients Who Are LGBTQ Seniors, Tennessee Bar Association, July 16, 2021; Elder Law Basics: How Will Our Clients Afford Healthcare, October 22, 2020; Planning for Peace of Mine; Aging 360, September 24, 2020; Helping Our Seniors; Nashville Bar Association, November 13, 2019; Powers of Attorney, Vanderbilt Outreach Wellness Program–Life Phases Series, October 10, 2018; Powers of Attorney 101; Nashville Bar Association, October 1, 2019; How to Prevent Your Patients from Being Utterly Impoverished, VUMC Case Workers, August 28, 2019; Older & Wiser, Breakfast Club of Nashville, April 29, 2019; Older & Wiser, Middle Tennessee Military Association, April 23, 2019; New VA Pension/Aid & Attendance Rules; Tennessee Bar Association; February 28, 2019;  Elder Law; Tennessee State University, Center on Aging: Research & Education Services, February 19, 2019; Why Financial Planners Need Elder Law Attorneys and Vice Versa, Society of Professional Professionals, February 14, 2019; Risky Business: The Ethics of Representing Seniors, Nashville Bar Association, December 6, 2018; Veterans Benefits, Vanderbilt Outreach Wellness Program–Life Phases Series, October 11, 2018; Older & Wiser, Intentional Older Adults Ministry, October 4, 2018;  Legal Planning for Alzheimer’s Disease and Related Dementias; Alzheimer’s Association, Fall Conference, September 14, 2018; How Medicare and Medicaid Work, Vanderbilt Outreach Wellness Program–Life Phases Series, September 13, 2018; Common Legal Issues Facing Seniors, Senior Services Network, July 10, 2018; Legal Planning for Parkinson’s Disease; American Parkinson’s Disease Association of Middle Tennessee, April 14, 2018; Navigating Elder Law: Advising Your Clients in a Complex World, Riley Warnock & Jacobson, April 12, 2018;  Powers of Attorney, Conservatorships and Emergency Conservatorships, General Sessions Court (Mental Health Court), April 5, 2018; How to Keep Your Patients from Being Impoverished by Long Term Care, Case Management Society Association, March 21, 2018; Navigating Elder Law: Advising Your Clients in a Complex World, Sherrard & Roe, February 28, 2018; Older & Wiser: Tips on the Legal Planning We All Need, Vanderbilt Outreach Wellness Program–Life Phases Series, February 8, 2018; Simple Wills, Lawyer’s Association for Women, September 19, 2017; Basics of Elder Law: Powers of Attorney 2.0, Tennessee Bar Association, September, 2017;  Navigating Elder Law: Advising Your Clients in a Complex World, Bone McAllister & Norton, June 21, 2017;  Older and Wiser, Tennessee Office of the Attorney General, May 3, 2017; Veterans Benefits: Aid & Attendance 101, Tennessee Bar Association, October 5, 2016;  When and Why Should Seniors Consult a Lawyer Specializing in Elder Law, Lawyers’ Association for Women, February, 2014;  Planning Methods to Control Medical Treatment, National Business Institute, Nashville, May, 2013;  Effective Advocacy before the Arbitrator/Panel, Tennessee Bar Association, April, 2013;  Maintaining an Ethical Balance in Probate Practice, Litigating the Case in Probate Court, National Business Institute, Nashville, December, 2012; Strategies, Tactics and Common Mistakes in Arbitration, ABA Young Lawyers Division, August, 2012; Conservatorships and Guardianships, National Business Institute, Nashville, December, 2011; Foundations of Estate Administration, National Business Institute, Nashville, August, 2011; What Every Business Owner Should Know, Tennessee Economic Summit for Women, October, 2008;  Mediation 201:  An Advanced Course for Trial Attorneys and Mediators, Nashville Bar Association, September 2008;  Hot Topics in Employment Law, Nashville Bar Association—Employment Law Institute, October 2007; Appearance on “Openline,” local television call-in show, topic: Employment Law, December 28, 2006; What Employers Need to Know About Wage and Hour Law, Corporate Practice Committee, Nashville Bar Association, Sept. 2006; Responding to a Sexual Harassment Claim, Music City Employment Law Institute, Lorman Education Services, May, 2006; The Uniformed Services Employment and Reemployment Rights Act, Corporate Counsel Seminar, Wyatt, Tarrant & Combs, October 2005; Recent Developments in Arbitration and Mediation, Corporate Counsel Seminar, Wyatt, Tarrant & Combs, October 2004; Direct Examination, Tennessee Bar Association Young Lawyers Division Trial Practice Seminar, December, 2003; Balanced Lives, Tennessee Bar Association, August 2003;  Arbitration–Get Ready, It’s Coming Your Way, Nashville Bar Association, April, 2003; Drafting and Enforcing Arbitration Agreements in Employment Contracts, Nashville Bar Association, October, 2002; New Proposed Rules of Ethics, Tennessee Alliance for Legal Services, October 2001; Privacy in the Workplace, Corporate Counsel, Sept. 2001;New Proposed Rules of Ethics, Lawyers’ Association for Women, Marion Griffin Chapter, Jan. 2001; Panel Discussion: New Proposed Rules of Ethics, Tennessee Law Institute, Nov. 1998;  Panel Discussion:  New Proposed Rules of Ethics, Tennessee Bar Association, Bench and Bar Program, June, 1998: Restrictive Covenants and Trade Secrets, T.B.A., May, 1997; Recent Developments in Employment Law, L.A.W., April, 1997; Panel Discussion: Ethical Issues, Tennessee Assn of Municipal Attorneys, Feb. 1997; Panel Discussion: Ethical Issues, Tennessee Bar Association, Nov. 1996; Trial Practice Institute (Mock Trial), Nashville Bar Association, Oct. 1996; Basic Employment and Discrimination Law, various groups, 1991 – present; The Family and Medical Leave Act, Nashville Bar Association, 1994; Developing a Parental Leave Policy for Your Law Firm, T.L.A.W., 1993; Conflicts of Interest for Business Lawyers, Tennessee Bar Association, 1993; Representing the Defendant under the new Federal Rules of Civil Procedure, Nashville Bar Association, 1993; Professionalism, Tennessee Attorney General’s office, 1992; An Overview of the Americans With Disabilities Act, National Bar Association, 1992; Physician’s Duties and Liabilities in Management of Laboratory Results, Tennessee College of Occupational Medicine, 1992; Staying Out of Ethical Trouble, Vanderbilt Professional Responsibility Class, 1992; Professionalism in Litigation (panel discussion), Nashville Bar Association, 1992; Obtaining Extraordinary Relief in Civil Matters, Nashville Bar Association, 1991; Recent Amendments to the Federal Rules of Civil Procedure, Tennessee Bar Association, 1991; Wage and Hour Law under the Fair Labor Standards Act, Tennessee Bar Association, 1991; Deposing the Expert Witness, Nashville Bar Association.