Nancy J. Moore

Professor of Law

Nancy E. Barton Scholar

B.A. magna cum laude, Smith College
J.D., Harlan Fiske Stone Scholar, Columbia University

Areas of Interest
Legal Ethics, Torts
Contact
Biography

Professor Nancy Moore is a nationally recognized leader in the field of professional responsibility, an area in which she first became interested while working as a prosecutor in Philadelphia. Before joining Boston University School of Law in 1999, Professor Moore taught at Rutgers University School of Law, where she offered the school’s first course in professional responsibility. “Now is an exciting time to be teaching legal ethics,” she says. “Multi-disciplinary practice, multi-jurisdictional practice, lawyers and corporate scandals-lawyering in the 21st century raises a host of new challenges for our students.”

Professor Moore has written numerous articles on attorney ethics. Her most recent include “Who Should Regulate Class Action Lawyers?” (University of Illinois Law Review), “What Doctors Can Learn From Lawyers About Conflicts of Interest” (Boston University Law Review), “Ethics Matters, Too: The Significance of Professional Regulation of Attorney Fees and Costs in Mass Tort Litigation” (University of Pennsylvania Law Review) and “The Ethical Role and Responsibilities of Lawyer-Ethicist: The Case of the Independent Counsel’s Independent Counsel” for a 1999 symposium issue of the Fordham Law Review on “The Independent Counsel Investigation, the Impeachment Proceedings, and President Clinton’s Defense.” She was chief reporter for the ABA Commission on Evaluation of the Rules of Professional Conduct (“Ethics 2000″) and is chair of the Multi-State Professional Responsibility Examination Test Drafting Committee. She has served twice as chair of the Association of American Law Schools’ Section on Professional Responsibility and was an adviser to the American Law Institute’s Restatement of the Law Governing Lawyers.

Publications
  1. Nancy Moore & Kathleen Clark, "Buying Voice: Financial Rewards for Whistleblowing Lawyers," 56 Boston College Law Review (forthcoming).
    SSRN
  2. Nancy Moore, "Why is There No Clear Doctrine of Informed Consent for Lawyers?" University of Toledo Law Review (forthcoming).
  3. Nancy Moore, "Ethical Issues in Mass Tort Plaintiffs' Representation: Beyond the Aggregate Settlement Rule," 81 Fordham Law Review 3233 (2013).
    SSRN | HeinOnline (BU) | HeinOnline
  4. Nancy Moore, "Who will Regulate Class Action Lawyers?" 44 Loyola University of Chicago Law Journal 577 (2013).
    HeinOnline (BU) | HeinOnline
  5. Nancy Moore, "Implications of Globalization for the Professional Status of Lawyers in the United States and Elsewhere," 40 Fordham Urban Law Journal 217 (2012).
    HeinOnline (BU) | HeinOnline
  6. Nancy Moore & Janine Griffiths-Baker, "Regulating Conflicts of Interest in Global Law Firms: Peace in Our Time?" 80 Fordham Law Review 2541 (2012).
    SSRN | Publisher
  7. Nancy Moore, "The Complexities of Lawyer Ethics Code Drafting: The Contributions of Professor Fred Zacharias," 48 San Diego Law Review 335 (2011).
    HeinOnline (BU) | HeinOnline
  8. Nancy Moore, "The Absence of Legal Ethics in the ALI's Principles of Aggregate Litigation: A Missed Opportunity - And More," 79 George Washington Law Review 717 (2010).
    SSRN | HeinOnline (BU) | HeinOnline
  9. Nancy Moore, "Is the Appearance of Impropriety an Appropriate Standard for Disciplining Judges in the Twenty-First Century?" 41 Loyola University of Chicago Law Journal 285 (2010).
    HeinOnline (BU) | HeinOnline
  10. Nancy Moore, "Mens Rea Standards in Lawyer Disciplinary Codes," 23 Georgetown Journal of Legal Ethics 1 (2010).
    HeinOnline (BU) | HeinOnline
  11. Nancy Moore, "Choice of Law for Professional Responsibility Issues in Aggregate Litigation," in Symposium Complexity and Aggregation in Choice of Law, 14 Roger Williams University Law Review 73 (2009).
    HeinOnline (BU) | HeinOnline
  12. Nancy Moore, "Litigators and the Public: The Evolving Role of Ethics Codes," in A Century of Legal Ethics: Trial Lawyers and the ABA Canons of Professional Ethics 223, L. J. Fox, S. R. Martyn & A. S. Pollis, eds., ABA Section of Litigation (2009).
  13. Nancy Moore, "The American Law Institute's Draft Proposal to Bypass the Aggregate Settlement Rule: Do Mass Tort Clients Need (or Want) Group Decision Making?" in Symposium Challenges to the Attorney-Client Relationship: Threats to Sound Advice, 57 DePaul Law Review 395 (2008).
    SSRN | HeinOnline (BU) | HeinOnline
  14. Nancy Moore, "Mr. Prinzo's Breakthrough and the Limits of Confidentiality," 51 St. Louis Law Journal 1059 (2007).
    SSRN | HeinOnline (BU) | HeinOnline
  15. Nancy Moore, "Informed Consent in the Practice of Law," in Encyclopedia of Philosophy, 2d ed., Macmillan Reference USA, 680 (2006).
  16. Nancy Moore, "Regulating Law Firm Conflicts in the 21st Century: Implications of the Globalization of Legal Services and the Growth of the 'Mega Firm’," review of Janine Griffiths-Baker, Serving Two Masters: Conflicts of Interest in the Modern Law Firm, Hart Publishing (2002), 18 Georgetown Journal of Legal Ethics 521 (2005). HeinOnline (BU) | HeinOnline
  17. Nancy Moore, "Not Quite a Client: New Ethics Rule Provides Guidance on a Lawyer's Duty to Prospective Clients," 90 American Bar Association Journal 50 (Jan. 2004).
  18. Nancy Moore, "Regulating Self-Referrals and Other Physician Conflicts of Interest," 15 HEC Forum 133 (2003).
    SSRN
  19. Nancy Moore, "Who Should Regulate Class Action Lawyers?" in Symposium Ethics 2000 and Beyond: Reform or Professional Responsibility as Usual? 2003 University of Illinois Law Review 1477 (2003).
    HeinOnline (BU) | HeinOnline
  20. Nancy Moore, "'In the Interests of Justice': Balancing Client Loyalty and the Public Good in the Twenty-First Century," 70 Fordham Law Review 1775 (2002).
    HeinOnline (BU) | HeinOnline
  21. Nancy Moore, "Lawyer Ethics Code Drafting in the Twenty-First Century," 30 Hofstra Law Review 923 (2002).
    HeinOnline (BU) | HeinOnline
  22. Nancy Moore, "Revisions, Not Revolution: Targeting Lawyer/Client Relations, Electronic Communications, Conflicts of Interests," 88 American Bar Association Journal 48 (Dec. 2002).
  23. Nancy Moore, "Lawyering for the Middle Class," in Symposium Lawyering for the Middle Class, 70 Fordham Law Review 623 (2001). [Forward]
    HeinOnline (BU) | HeinOnline
  24. Nancy Moore, "What Doctors Can Learn from Lawyers About Conflicts of Interest," 81 Boston University Law Review 445 (2001).
    SSRN | HeinOnline (BU) | HeinOnline
  25. Nancy Moore, "Ethics Matters, Too: The Significance of Professional Regulation of Attorney Fees and Costs in Mass Tort Litigation - A Response to Judith Resnik," in Symposium Mass Torts, 148 University of Pennsylvania Law Review 2209 (2000). [Judith Resnick, "Money Matters: Judicial Market Interventions Creating Subsidies and Awarding Fees and Costs in Individual and Aggregate Litigation," 148 University of Pennsylvania Law Review 2119 (2000).]
    HeinOnline (BU) | HeinOnline
  26. Nancy Moore, "The Case Against Changing the Aggregate Settlement Rule in Mass Tort Lawsuits," 41 South Texas Law Review 149 (1999).
    SSRN | HeinOnline (BU) | HeinOnline
  27. Nancy Moore, "The Ethical Role and Responsibilities of a Lawyer-Ethicist: The Case of the Independent Counsel's Independent Counsel," 68 Fordham Law Review 771 (1999).
    SSRN | HeinOnline (BU) | HeinOnline
  28. Nancy Moore, "Conflicts of Interest For In-House Counsel: Emerging Issues in the Expanding Role of the Attorney-Employee," 39 South Texas Law Review 497 (1998).
    HeinOnline (BU) | HeinOnline
  29. Nancy Moore, "The Ethical Duties of Insurance Defense Lawyers: Are Special Solutions Required?" in Symposium Liability Insurance Conflicts and Professional Responsibility, 4 Connecticut Insurance Law Journal 259 (1997-98).
    HeinOnline (BU) | HeinOnline
  30. Nancy Moore, "Ethical Issues in Third Party Payment: Beyond the Insurance Defense Paradigm," in Symposium Conflicts of Interest: Ethics, Law, and Remedies, 16 Review of Litigation 585 (1997).
    HeinOnline (BU) | HeinOnline
  31. Nancy Moore, "Restating the Law of Lawyer Conflicts," 10 Georgetown Journal of Legal Ethics 541 (1997).
    SSRN | HeinOnline (BU) | HeinOnline
  32. Nancy Moore, "Conflicts of Interests in the Representation of Children," in Symposium Conference on Ethical Issues in the Legal Representation of Children, 64 Fordham Law Review 1819 (1995-96).
    HeinOnline (BU) | HeinOnline
  33. Nancy Moore, "Implications of Circle Chevrolet for Attorney Malpractice and Attorney Ethics," 28 Rutgers Law Journal 57 (1996).
    HeinOnline (BU) | HeinOnline
  34. Nancy Moore, "Entrepreneurial Doctors and Lawyers: Regulating Business Activities in the Medical and Legal Professions," in Conflicts of Interest in Medical Practice 171, R. Spence & R. Shimm, eds., Oxford University Press (1995).
  35. Nancy Moore, "Expanding Duties of Attorneys to 'Non-Clients': Reconceptualizing the Attorney-Client Relationship in Entity Representation and Other Inherently Ambiguous Situations," 45 South Carolina Law Review 659 (1994).
    HeinOnline (BU) | HeinOnline
  36. Nancy Moore, "Intra-Professional Warfare Between Prosecutors and Defense Attorneys: A Plea for an End to the Current Hostilities," 53 University of Pittsburgh Law Review 515 (1992).
    HeinOnline (BU) | HeinOnline
  37. Nancy Moore, "Professionalism: Rekindled, Reconsidered or Reformulated?" 19 Capital University Law Review 1121 (1990).
    HeinOnline (BU) | HeinOnline
  38. Nancy Moore, "Author's Response," in Symposium The Proceedings and Papers of the Conference on Legal Ethics: The Social Responsibility of the Lawyer, 1989 Annual Survey of American Law 37 (1989). [Response to Judge Edmund B. Spaeth, Jr., "Comments on Professor Moore's Paper," 1989 Annual Survey of American Law 23 (1989).]
    HeinOnline (BU) | HeinOnline
  39. Nancy Moore, "The Usefulness of Ethical Codes," in Symposium The Proceedings and Papers of the Conference on Legal Ethics: The Social Responsibility of the Lawyer, 1989 Annual Survey of American Law 7 (1989).
    HeinOnline (BU) | HeinOnline
  40. Nancy Moore, "'Two Steps Forward, One Step Back': An Analysis of New Jersey's Latest 'Right-To-Die' Decisions," 19 Rutgers Law Journal 955 (1988).
    HeinOnline (BU) | HeinOnline
  41. Nancy Moore, "Professionalism Reconsidered," 1987 ABF Research Journal 773 (1987).
    HeinOnline (BU) | HeinOnline
  42. Nancy Moore, "Commentary," 4 Business & Professional Ethics Journal 83 (1985).
  43. Nancy Moore, "Limits to Attorney-Client Confidentiality: A Philosophically Informed and Comparative Approach to Medical and Legal Ethics," 36 Case Western Reserve Law Review 177 (1985-86).
    HeinOnline (BU) | HeinOnline
  44. Nancy Moore, "Conflicts of Interest in the Simultaneous Representation of Multiple Clients: A Proposed Solution to the Current Confusion and Controversy," 61 Texas Law Review 211 (1982).
    HeinOnline (BU) | HeinOnline
  45. Nancy Moore, "Disqualification of an Attorney Representing Multiple Witnesses Before a Grand Jury: Legal Ethics and the Stonewall Defense," 27 UCLA Law Review 1 (1979).
    HeinOnline (BU) | HeinOnline
Courses

Lawyering in the 21st Century (S): LAW JD 972

3 credits

The practice of law has changed dramatically in the last several decades and is expected to change even more in the not-too-distant future. Developments in global commerce and information technology are at the forefront of this change. The globalization of commerce has resulted in the globalization of law practice, making the regulation of lawyers more difficult and less predictable. Changes in lawyer regulation elsewhere in the world, such as the radical reforms recently enacted in the UK and in Australia (permitting the ownership of law firms by nonlawyers, including public investment, as well as the formation of multidisciplinary practices), are bound to have important implications for US lawyers. Even for lawyers whose practices remain primarily local, developments in information technology have resulted in new challenges, such as: 1) storing and protecting the confidentiality of electronic files; 2) regulating the quality of work outsourced to cheaper providers, including foreign lawyers; 3) regulating the provision of legal services through the internet; and 4) special issues concerning marketing and confidentiality that arise from the extensive use of social network sites. This seminar will explore the ethical issues raised by these changes in the practice of law, including issues concerning unauthorized practice of law, conflicts of interest, confidentiality, advertising and solicitation. A substantial research paper will be required. There are no prerequisites for this seminar. This seminar satisfies the upper-class professional responsibility requirement. ENROLLMENT LIMIT: 18 students. GRADING NOTICE: This seminar does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2015: LAW JD 972 A1 , Jan 14th to Apr 15th 2015
Days Start End Credits Instructors Bldg Room
W 2:10 pm 4:10 pm 3 Nancy J. Moore LAW 419
SPRG 2016: LAW JD 972 A1 , Jan 13th to Apr 13th 2016
Days Start End Credits Instructors Bldg Room
W 2:10 pm 4:10 pm 3 Nancy J. Moore LAW 417

Professional Responsibility: LAW JD 984

3 credits

This course offers an approach to the lawyer's responsibilities to clients, the profession, and the public. Topics addressed will be problems of disclosure, conflict of interest, advertising, adversary tactics, competence, attorney fees, and fiduciary duties. NOTE: This course satisfies the upper-class professional responsibility requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2014: LAW JD 984 A1 , Sep 3rd to Dec 3rd 2014
Days Start End Credits Instructors Bldg Room
MW 11:00 am 12:25 pm 3 Reza LAW 103
SPRG 2015: LAW JD 984 A1 , Jan 12th to Apr 22nd 2015
Days Start End Credits Instructors Bldg Room
MW 11:00 am 12:25 pm 3 Reza LAW 103
SPRG 2015: LAW JD 984 M1 , Jan 13th to Apr 16th 2015
Days Start End Credits Instructors Bldg Room
TR 11:00 am 12:25 pm 3 Nancy J. Moore LAW 413
FALL 2015: LAW JD 984 A1 , Sep 1st to Dec 3rd 2015
Days Start End Credits Instructors Bldg Room
TR 2:15 pm 3:40 pm 3 Stephen M. Donweber LAW 103
SPRG 2016: LAW JD 984 M1 , Jan 12th to Apr 19th 2016
Days Start End Credits Instructors Bldg Room
TR 11:00 am 12:25 pm 3 Nancy J. Moore LAW 413
SPRG 2016: LAW JD 984 P1 , Jan 12th to Apr 19th 2016
Days Start End Credits Instructors Bldg Room
TR 2:10 pm 3:35 pm 3 Mark Pettit LAW 101
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