Robert P. MacKenzie, III

Robert P. MacKenzie, III: Attorney with Starnes Davis Florie LLP

Biography

Bob MacKenzie is a partner at Starnes Davis Florie, having joined the firm in 1984 after completing law school. Bob is a member of the firm's Executive Committee and currently serves as the firm's Managing Partner. Bob is the Immediate Past President of the Birmingham Bar Association for 2017.

Practice

Bob's practice is devoted to handling a broad scope of litigation including medical and legal malpractice actions, bad faith, product liability, commercial transactions, and labor and employment. He has tried in excess of 100 jury trials to a verdict, involving the defense of physicians, hospitals, lawyers, insurers, commercial institutions, and product manufacturers. Bob also represents lawyers and health care professionals in disciplinary matters before Alabama Regulatory Boards. He has published multiple articles on the defense of legal malpractice suits. His practice includes cases in Alabama and the Southeast.

Bob is active in national trial lawyers organizations. He is a fellow of the American College of Trial Lawyers (ACTL). He is a Diplomate of the American Board of Trial Advocates (ABOTA) and previously served on the National Board of Directors. Bob is a fellow of the International Society of Barristers and the Litigation Counsel of America. He previously served on the Executive Committee of the Professional Liability Defense Federation and as Chairman of the Lawyers Liability Committee. In the state of Alabama, Bob has served as a member of the Executive Committees of the Birmingham Bar Association, Birmingham Bar Foundation, and the Birmingham Bar Volunteer Association. He previously acted as Chairman of the Grievance Committee for the Birmingham Bar Association. He is a member of the Judge Edward Horton American Inn of Court. He is a Life fellow of the Alabama Law Foundation and of the Birmingham Bar Foundation. Bob regularly speaks on ethics and litigation issues including the defense of physicians and attorneys.

Bob is an AV rated attorney by Martindale-Hubbell Peer Review RatingsTM ,has been recognized for the state of Alabama in the 2010 - 2017 editions of Mid-South Super Lawyers magazine, and has been recognized as a top Litigator for the state of Alabama in the 2014 - 2017 editions of Chambers USA.

Best Lawyers named Bob the “Birmingham Best Lawyers Medical Malpractice Law-Defendants Lawyer of the Year” for 2013. In addition, Bob has been listed in the 2008 - 2018 editions of Best Lawyers in America , under the areas of Medical Malpractice Law - Defendants and Legal Malpractice Law - Defendants. (no representation is made as to selection criteria)

Highlights

Obtained a defense verdict for a defendant gynecologist in a case alleging negligent failure to diagnose breast cancer, resulting in a mastectomy and chemotherapy.

Removal and dismissal of legal malpractice claim against out of state attorney and law firm.

Obtained summary judgment in a legal malpractice suit pending in the United States District Court for New Jersey arising out of an underlying patent litigation matter.

Obtained summary judgment in favor of a law firm in a suit for legal malpractice pending in Federal Court arising out of an underlying will contest.

Secured an Order granting summary judgment in favor of defendant attorney and law firm arising out of an underlying commercial transaction.

Obtained defense verdict for an addiction medicine physician in case arising out of care provided during the patient's detoxification.

After a six day legal malpractice case, plaintiff failed to recover any damages.

Obtained a defense verdict in favor of an anesthesiologist in a case arising out of a cervical epidural block which led to a spinal cord injury.

Obtained a defense verdict on behalf of an OB/GYN after a five day trial in a case arising out of pregnancy complications.

Obtained a defense verdict in favor of two pathologists in a case arising out of a false positive interpretation of breast tissue which led to unnecessary surgery.

After nineteen days of trial, obtained judgment as a matter of law on behalf of an internist in a wrongful death case involving allegations of failure to diagnose a liver hematoma in an ICU patient.

Obtained summary judgment in legal malpractice action arising out of alleged negligent failure to properly construct a multi-million dollar bond issue. Decision was affirmed by written opinion issued by the Alabama Supreme Court.

Obtained a defense verdict on behalf of an Emergency Department physician in an eleven day wrongful death trial in the Circuit Court of Mobile County.

Summary judgment affirmed by the United States Eleventh Circuit of Appeals on behalf of an attorney charged with failing to adequately represent the client in an underlying criminal action.

Summary judgment affirmed by the Alabama Supreme Court arising out of an attorney's failure to properly investigate potential insurance coverage on behalf of a client in an underlying civil claim.

Speeches And Publications

Recent Speeches

Direct & Cross Examination of Expert Witnesses, Cumberland School of Law, Birmingham, AL, March 29, 2016.

Evidentiary Matters During Trial, Cumberland School of Law, Birmingham, AL, November 13, 2015.

Alabama State Bar Professionalism, New Admitted Members of the Alabama State Bar, Cumberland School of Law, Birmingham, AL, October 23, 2015.

Direct & Cross Examination of Expert Witnesses, Alabama Defense Trial Academy, Birmingham, AL, August 7, 2015.

Cross Examination of Plaintiff's Expert Witness, Alabama Defense Lawyers Association Trial Academy, Cumberland School of Law, Birmingham, AL, August 8, 2014.

Common Oversights That Lead to Malpractice Claims, Attorneys Insurance Mutual Of the South, Inc., Mobile, AL, November 8, 2013.

Ethics: Avoiding a Suit for Legal Malpractice, The Judge James Edwin Horton American Inn of Court, Birmingham, AL, October 22, 2013.

Direct and Cross Examination of Expert Witnesses, Cumberland School of Law seminar, Birmingham, AL, October 17, 2013.

Ethical Dilemmas for Litigators During Discovery and Trial, Huntsville, AL, August 13, 2013.

Mandatory Professionalism, New Admitted Members of the Alabama State Bar, Cumberland School of Law, Birmingham, AL, February 22, 2013.

Lessons Learned from the 2009 Sugar Bowl, Utah Association for Justice, Salt Lake City, UT, October 3, 2012.

Exaggerating Your Legal Experience Can Lead to Trouble, Professional Liability Defense Federation, Chicago, IL, September 26, 2012.

Liability Trends in Medical Malpractice, ProAssurance Seminar/ 8th Annual Medical Liability Insurance ExecuSummit, Mohegan Sun, CT, September 11, 2012.

Publications

Responding to a Bar Complaint , The Alabama Lawyer, Vol. 73, No. 2, pages 137-141, March 2012.

Welcome to the Trophy Generation - Exaggerating Your Expertise Can Lead to Trouble , The Alabama Lawyer, Vol. 73, No. 1, pages 40-45, Jan. 2012.

Jury Misconduct What Happens Behind Closed Doors , Alabama Law Review, Vol. 62, No. 3, pages 623-643, 2011.

Seeking a Recusal: Calling the Judge a Lizard Won't Help Your Cause , The Alabama Lawyer, Vol. 71, No. 3, pages 220-227, May 2010.

Review of Placental Pathology and Fetal Inflammatory Response to Infection, 3 Litigation Commentary and Rev. 25, Jan. 2010.

Nine Ways to Avoid a Suit for Legal Malpractice , The Alabama Lawyer, July 2004.

The Professional Liability of Attorneys in Alabama , The Cumberland Law Review, Vol. 30 No. 3, 1999-2000.

Pending Publications

Ethical Considerations and The Impact on Suits for Legal Malpractice .

Patient Complaints - When the Dental Board Calls .

Related News

11/7/2017 Twenty-Eight SDF Attorneys Named to the 2017 Edition of Mid-South Super Lawyers

8/29/2017 Twenty-Six SDF Lawyers Listed in the 2018 Edition of Best Lawyers in America

6/19/2017 SDF Attorneys Joe Miller & Bob MacKenzie Obtain Defense Verdict in Professional Liability Case

5/26/2017 Starnes Davis Florie Receives Top Tier Ranking in Chambers USA 2017

2/3/2017 Seven Starnes Davis Florie Attorneys Named Leaders in their Field in Chambers USA 2017

11/9/2016 Twenty-Six SDF Attorneys Named to the 2016 Edition of Mid-South Super Lawyers

8/15/2016 Twenty Starnes Davis Florie Attorneys Named to the 2017 Edition of Best Lawyers

6/22/2016 Global Law Experts Names Starnes Davis Florie LLP Professional Medical Liability Law Firm of the Year in Alabama 2016

5/29/2016 Starnes Davis Florie Receives Top Tier Ranking in Chambers USA 2016

3/3/2016 Seven Starnes Davis Florie Attorneys Named Leaders in their Field in Chambers USA 2016

12/22/2015 Birmingham Bar Association Elects Starnes Davis Florie Attorney Bob MacKenzie as President for 2016

8/20/2015 Twenty Starnes Davis Florie Attorneys Named to the 2016 Edition of Best Lawyers

5/1/2015 Twenty-Six SDF Attorneys Named to 2015 Alabama Super Lawyers

2/25/2015 Seven Starnes Davis Florie Attorneys Named Leaders in their Field in Chambers USA 2015

12/13/2014 Birmingham Bar Association Elects Starnes Davis Florie Attorney Bob MacKenzie as President-Elect

8/20/2014 Seventeen Starnes Davis Florie Attorneys Named to the 2015 Edition of Best Lawyers

5/30/2014 Starnes Davis Florie Receives Top Tier Ranking in Chambers USA 2014

5/10/2014 Starnes Davis Florie Attorneys MacKenzie & Huntley Obtain Defense Verdict for Addiction Medicine Doctor

4/29/2014 Thirty SDF Attorneys Named to Alabama Super Lawyers 2014

2/10/2014 Seven Starnes Davis Florie Attorneys Named Leaders in their Field in Chambers USA 2014

8/30/2013 Sixteen Starnes Davis Florie Attorneys Named to the 2014 Edition of Best Lawyers

5/2/2013 Twenty-Six Starnes Davis Florie Attorneys Listed in Alabama Super Lawyers 2013

4/22/2013 Starnes Davis Florie Lawyers Secure Appellate Reversal & Rendering of Adverse Malpractice Verdict

9/19/2012 Seventeen Starnes Davis Florie Attorneys Named to the 2013 Edition of Best Lawyers

9/19/2012 Tony Davis & Bob MacKenzie Named Best Lawyers Lawyer of the Year for 2013

5/1/2012 Twenty-Two Starnes Attorneys Listed in Alabama Super Lawyers

3/30/2012 Starnes Attorney, Bob MacKenzie Publishes Article in The Alabama Lawyer

9/2/2011 Nine Starnes Attorneys Listed in 2011 Super Lawyers Business Edition

9/1/2011 Sixteen Starnes Attorneys Named to Best Lawyers 2012

5/3/2011 MacKenzie & Bromberg Publish Article in The Alabama Law Review

4/29/2011 Twenty Starnes Attorneys Listed in Alabama Super Lawyers

4/20/2011 MacKenzie Tries Legal Malpractice Case to Verdict

12/22/2010 Axon and MacKenzie Obtain Defense Verdict

12/16/2010 Garton, Wright & MacKenzie Obtain Defense Verdict in Med Mal Trial

10/15/2010 Sellers and MacKenzie Obtain Defense Verdict for Pathologists

10/6/2010 MacKenzie Inducted into The American College of Trial Lawyers

8/7/2010 Sixteen Starnes Attorneys Named to Best Lawyers 2011

6/28/2010 Starnes Attorney Bob MacKenzie Published Article in The Alabama Lawyer

of the Alabama Law Foundation. Bob is a member of the National Board of Directors for the Professional Liability Defense Federation. He currently serves as a member of the Executive Committee of the Birmingham Bar Foundation and has served on the Executive Committee of the Birmingham Bar Association. He currently serves as Co-Chairman of the Grievance Committee for the Birmingham Bar Association. He is a member of the Judge Edward Horton American Inn of Court. Bob regularly speaks on ethics and litigation issues including the defense of physicians and attorneys.

Bob is an AV rated attorney by Martindale-Hubbell® Peer Review RatingsTM and has been named one of the top attorneys in the state of Alabama by the 2010 - 2013 editions of Alabama Super Lawyers® magazine.

Best Lawyers named Bob the "Birmingham Best Lawyers Medical Malpractice Law-Defendants Lawyer of the Year" for 2013. In addition, Bob has been listed in the 2008 - 2013 editions of Best Lawyers in America®, under the areas of medical malpractice and legal malpractice. (no representation is made as to selection criteria)

Highlights

* After a six day legal malpractice case, plaintiff failed to recover any damages.

* Obtained a defense verdict in favor of an anesthesiologist in a case arising out of a cervical epidural block which led to a spinal cord injury.

* Obtained a defense verdict on behalf of an OB/GYN after a five day trial in a case arising out of pregnancy complications.

* Obtained a defense verdict in favor of two pathologists in a case arising out of a false positive interpretation of breast tissue.

* After nineteen days of trial, obtained judgment as a matter of law on behalf of an internist in a wrongful death case involving allegations of failure to diagnose a liver hematoma in an ICU patient.

* Obtained summary judgment in legal malpractice action arising out of alleged negligent failure to properly construct a multi-million dollar bond issue. Decision was affirmed by written opinion issued by the Alabama Supreme Court.

* Obtained a defense verdict on behalf of an Emergency Department physician in an eleven day wrongful death trial in the Circuit Court of Mobile County.

* Summary judgment affirmed by the United States Eleventh Circuit of Appeals on behalf of an attorney charged with failing to adequately represent the client in an underlying criminal action.

* Summary judgment affirmed by the Alabama Supreme Court arising out of an attorney's failure to properly investigate potential insurance coverage on behalf of a client in an underlying civil claim.

Community Involvement

Bob serves as a member of the Dean's Advisory Board for Cumberland School of Law. He previously served as Chairman for the Board from 2008-2010. He is the past chairman of the 2005-2006 Cumberland School of Law Alumni Fundraising Campaign and was selected as the school's "Volunteer of the Year" for 2006. Bob is actively involved at the Cathedral Church of the Advent. He and his wife, Jeanie have three children.

Speeches and Publications

Recent Speeches

* Mandatory Professionalism, New Admitted Members of the Alabama State Bar, Cumberland School of Law, Birmingham, AL, February 22, 2013

* Avoiding Suits for Legal Malpractice, Cumberland School of Law, Birmingham, AL, December 20, 2012.

* The Closing Argument, Cumberland School of Law Birmingham, AL, October 11, 2012.

* Lessons Learned from the 2009 Sugar Bowl, Utah Association for Justice, Salt Lake City, UT, October 3, 2012.

* Exaggerating Your Legal Experience Can Lead to Trouble, Professional Liability Defense Federation, Chicago, IL, September 26, 2012.

* The American College of Trial Lawyers Code of Pretrial and Trial Conduct as the Basis of Ethical Practice of Law, University of Alabama School of Law CLE, Tuscaloosa, AL, September 21, 2012.

* Liability Trends in Medical Malpractice, ProAssurance Seminar/ 8th Annual Medical Liability Insurance ExecuSummit, Mohegan Sun, CT, September 11, 2012.

* Direct and Cross Examination of Expert Witnesses, Alabama Defense Lawyers Association Birmingham, AL, August 8, 2012.

* Avoiding Medical Malpractice, Alabama Sports Medicine Foundation, Birmingham, AL, June 11, 2012.

Publications

* "Responding to a Bar Complaint," The Alabama Lawyer, Vol. 73, No. 2, pages 137-141, March 2012.

* "Welcome to the Trophy Generation - Exaggerating Your Expertise Can Lead to Trouble," The Alabama Lawyer, Vol. 73, No. 1, pages 40-45, Jan. 2012.

* "Jury Misconduct What Happens Behind Closed Doors," Alabama Law Review, Vol. 62, No. 3, pages 623-643, 2011.

* "Seeking a Recusal: Calling the Judge a Lizard Won't Help Your Cause," The Alabama Lawyer, Vol. 71, No. 3, pages 220-227, May 2010.

* "Review of Placental Pathology and Fetal Inflammatory Response to Infection," 3 Litigation Commentary and Rev. 25, Jan. 2010.

* "Nine Ways to Avoid a Suit for Legal Malpractice," The Alabama Lawyer, July 2004.

* "The Professional Liability of Attorneys in Alabama," The Cumberland Law Review, Vol. 30 No. 3, 1999-2000.

Pending Publications

* "Ethical Considerations and The Impact on Suits for Legal Malpractice."

* "Patient Complaints - When the Dental Board Calls."

Reported Cases

Coilplus-Alabama, Inc. v. Johnnie F. Vann; Sirote & Permutt, P.C., No. 1080618 (April 16, 2010).

Elaine Leiser v. Raymond R. Fletcher, M.D., P.C., 978 So.2d 700 (Ala. 2007).

James E. Wade v. Dr. Franklin H. Long, 2007 WL 2459976 (August 31, 2007).

Robert E. Tyler v. Mobile Infirmary Association, Alabama Supreme Court 1041484 (September 14, 2007).

Denbo v. DeBray, 2006 WL 1793755, Ala., June 30, 2006.

Ex parte Mendel, 942 So. 2d 289 (Ala. 2006).

Rutledge v. Freeman, 914 So. 2d 364 (Ala. Civ. App. 2004).

Mobile Infirmary Medical Center v. Hodgen, 884 So. 2d 801 (Ala. 2003).

Elliott v. Van Kleef, 830 So. 2d 726 (Ala. 2002).

Morrow v. Gibson, 827 So. 2d 756 (Ala. 2002).

Taylor v. Stevenson, 820 So. 2d 810 (Ala. 2001).

Ex parte Pfizer, Inc., 746 So. 2d 960 (Ala. 1999).

Marsh v. Wenzel, 732 So. 2d 985 (Ala. 1998).

Continental Cas. Co. v. Brooks, 698 So. 2d 763 (Ala. 1997).

Downey v. Mobile Infirmary Medical Center, 682 So. 2d 442 (Ala. 1996).

Downey v. Mobile Infirmary Medical Center, 662 So. 2d 1152 (Ala. 1995).

Dews v. Mobile Infirmary Ass'n, 659 So. 2d 61 (Ala. 1995).

Mobile Infirmary v. Delchamps, 642 So. 2d 954 (Ala. 1994).

Henson v. Mobile Infirmary Ass'n, 646 So. 2d 954 (Ala. 1994).

Rose v. Rogers, 632 So. 2d 559 (Ala. 1993).

Jefferson Clinic, P.C. v. Roberson, 626 So. 2d 1243 (Ala. 1993).

Williams v. M. Kimerling & Sons, Inc., 611 So. 2d 272 (Ala. 1992).

Thursby v. Dabbs, 599 So. 2d 602 (Ala. 1992).

Glover v. Family Medical Services, Inc., 578 So. 2d 1057 (Ala. 1991).

Rose v. Decatur General Hosp., 571 So. 2d 997 (Ala. 1990).

Horton v. Shelby Medical Center, 562 So. 2d 127 (Ala. 1989).

Howard v. Powell, 522 So. 2d 280 (Ala. 1989).

Holton v. Blue Cross and Blue Shield of South Carolina, 56 F. Supp.2d 1338 (Ala. 1999).

Related News

5/2/2013, Twenty-Six Starnes Davis Florie Attorneys Listed in Alabama Super Lawyers 2013

4/22/2013, Starnes Davis Florie Lawyers Secure Appellate Reversal & Rendering of Adverse Malpractice Verdict

9/19/2012, Seventeen Starnes Davis Florie Attorneys Named to the 2013 Edition of Best Lawyers®

9/19/2012, Tony Davis & Bob MacKenzie Named Best Lawyers "Lawyer of the Year" for 2013

5/1/2012, Twenty-Two Starnes Attorneys Listed in Alabama Super Lawyers

3/30/2012, Starnes Attorney, Bob MacKenzie Publishes Article in The Alabama Lawyer

9/2/2011, Nine Starnes Attorneys Listed in 2011 Super Lawyers Business Edition

9/1/2011, Sixteen Starnes Attorneys Named to Best Lawyers 2012

5/3/2011, MacKenzie & Bromberg Publish Article in The Alabama Law Review

4/29/2011, Twenty Starnes Attorneys Listed in Alabama Super Lawyers

4/20/2011, MacKenzie Tries Legal Malpractice Case to Verdict

12/22/2010, Axon and MacKenzie Obtain Defense Verdict

12/16/2010, Garton, Wright & MacKenzie Obtain Defense Verdict in Med Mal Trial

10/15/2010, Sellers and MacKenzie Obtain Defense Verdict for Pathologists

10/6/2010, MacKenzie Inducted into The American College of Trial Lawyers

8/7/2010, Sixteen Starnes Attorneys Named to Best Lawyers 2011

6/28/2010, Starnes Attorneys Published Article in The Alabama Lawyer

Areas of Practice (8)

  • Biotechnology & Pharmaceutical
  • Business Litigation
  • Healthcare Audit and Fraud Claim Defense
  • Legal Malpractice
  • Medical Malpractice Defense
  • Product Liability & Consumer Litigation
  • Professional Liability
  • Professional Licensing Defense

Education & Credentials

Contact Information:
205-868-6046  Phone
205-868-6099  Fax
www.starneslaw.com
Mailing Address:
P.O. Box 598512, Birmingham, AL 35209
University Attended:
University of North Carolina, B.A., 1978
Law School Attended:
Cumberland School of Law, J.D., 1984
Year of First admission:
1984
Admission:
Alabama; Tennessee; United States Supreme Court; U.S. District Court, Southern District of Alabama; U.S. District Court, Middle District of Alabama; U.S. District Court, Northern District of Alabama; U.S. Court of Appeals, 11th Circuit
Memberships:

Community Involvement

Bob serves as a member of the Dean's Advisory Board for Cumberland School of Law. He previously served as Chairman for the Board from 2008-2010. He is the past chairman of the 2005-2006 Cumberland School of Law Alumni Fundraising Campaign and was selected as the school's Volunteer of the Year for 2006. Bob is actively involved at the Cathedral Church of the Advent. He and his wife, Jeanie have three children.

Birth Information:
Washington, North Carolina, April 8, 1955
Reported Cases:
Reported Cases; Hegartyv. Hudson, _ So.3d _ 2013, WL 1364686, AL, April 5, 2013 (No. 1110578). Coilplus-Alabama, Inc. v. Johnnie F. Vann; Sirote & Permutt, P.C., No. 1080618 (April 16, 2010). Elaine Leiser v. Raymond R. Fletcher, M.D., P.C., 978 So.2d 700 (Ala. 2007). James E. Wade v. Dr. Franklin H. Long, 2007 WL 2459976 (August 31, 2007). Robert E. Tyler v. Mobile Infirmary Association, Alabama Supreme Court 1041484 (September 14, 2007). Denbo v. DeBray, 2006 WL 1793755, Ala., June 30, 2006. Ex parte Mendel, 942 So. 2d 289 (Ala. 2006). Rutledge v. Freeman, 914 So. 2d 364 (Ala. Civ. App. 2004). Mobile Infirmary Medical Center v. Hodgen, 884 So. 2d 801 (Ala. 2003). Elliott v. Van Kleef, 830 So. 2d 726 (Ala. 2002). Morrow v. Gibson, 827 So. 2d 756 (Ala. 2002). Taylor v. Stevenson, 820 So. 2d 810 (Ala. 2001). Ex parte Pfizer, Inc., 746 So. 2d 960 (Ala. 1999). Marsh v. Wenzel, 732 So. 2d 985 (Ala. 1998). Continental Cas. Co. v. Brooks, 698 So. 2d 763 (Ala. 1997). Downey v. Mobile Infirmary Medical Center, 682 So. 2d 442 (Ala. 1996). Downey v. Mobile Infirmary Medical Center, 662 So. 2d 1152 (Ala. 1995). Dews v. Mobile Infirmary Ass'n, 659 So. 2d 61 (Ala. 1995). Mobile Infirmary v. Delchamps, 642 So. 2d 954 (Ala. 1994). Henson v. Mobile Infirmary Ass'n, 646 So. 2d 954 (Ala. 1994). Rose v. Rogers, 632 So. 2d 559 (Ala. 1993). Jefferson Clinic, P.C. v. Roberson, 626 So. 2d 1243 (Ala. 1993). Williams v. M. Kimerling & Sons, Inc., 611 So. 2d 272 (Ala. 1992). Thursby v. Dabbs, 599 So. 2d 602 (Ala. 1992). Glover v. Family Medical Services, Inc., 578 So. 2d 1057 (Ala. 1991). Rose v. Decatur General Hosp., 571 So. 2d 997 (Ala. 1990). Horton v. Shelby Medical Center, 562 So. 2d 127 (Ala. 1989). Howard v. Powell, 522 So. 2d 280 (Ala. 1989). Holton v. Blue Cross and Blue Shield of South Carolina, 56 F. Supp.2d 1338 (Ala. 1999).
ISLN:
905272922

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