Robert P. MacKenzie, III
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. He currently serves as President for the Birmingham Bar Association for 2016.
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 in the 2010 - 2015 editions of Alabama Super Lawyers® magazine, and has been recognized as a top Litigator for the state of Alabama in the 2014 - 2016 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 - 2016 editions of Best Lawyers in America®, under the areas of medical malpractice and legal malpractice. (no representation is made as to selection criteria)
* 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.
Honors And Awards
Speeches And Publications
* 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.
* "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.
* "Ethical Considerations and The Impact on Suits for Legal Malpractice."
* "Patient Complaints - When the Dental Board Calls."
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).