Starnes Davis Florie

Robert P. MacKenzie, III (Bob)

Partner

Robert P. MacKenzie, III

Robert P. MacKenzie, III (Bob)

Partner

100 Brookwood Place
7th Floor
Birmingham, AL 35209

Since graduating from law school 40 years ago, Bob MacKenzie has had the good fortune to work at Starnes Davis Florie. The founding partners of the firm stressed that to be successful, a lawyer should have a keen understanding of the law, commitment to the client, and there was no substitute for preparation. These principles remain as true today as the founders intended almost 50 years ago. As a result, the firm has provided Bob and others the opportunity to practice law the way it is supposed to be. Corners are not cut, resumes are not exaggerated, results are real, and all without sacrificing professionalism.

For the majority of his career, Bob has focused on defending medical and legal malpractice actions. Success in those areas has allowed Bob’s practice to expand to include commercial litigation, shareholder derivative suits, and unique matters such as defending church conferences in ecclesiastical disputes and addressing the disparity of school funding. Bob has tried in excess of 110 jury trials to a verdict. Outside the traditional courtroom setting, Bob represents lawyers, judges, and other professionals before Alabama regulatory boards and the Alabama Court of the Judiciary. He has published multiple articles on the defense of legal malpractice suits and ethics.

For his effort, Bob is a Fellow of the American College of Trial Lawyers. Within the College, he has served as Chair of the Outreach Committee, State Chair for Alabama, and currently sits on the Board of Regents. Bob is also a member of the American Board of Trial Advocates and International Society of Barristers. He is a Past-President of both the Birmingham Bar Association and the Judge James Horton Inn of Court. Bob is recognized by Chambers USA in the areas of medical malpractice defense and commercial litigation.

Professional Recognition

  • Fellow of the American College of Trial Lawyers, where he is the current Regent for Region 7 and previously served as the State Chair for Alabama
  • Past President of the Birmingham Bar Association (2015 – 2016)
  • Past - President of the Judge James E. Horton American Inn of Court (2018 - 2020)
  • Diplomate of the American Board of Trial Advocates (ABOTA) and previously served on the National Board of Directors
  • Fellow of the International Society of Barristers and the Litigation Counsel of America
  • Top Leading Litigator by Chambers USA
  • Listed in Best Lawyers in America®. In addition, Best Lawyers in America® has named Bob MacKenzie the “Birmingham Best Lawyers Medical Malpractice Defense Lawyer of the Year” for 2013
  • Life Fellow of the Alabama Law Foundation and of the Birmingham Bar Foundation
  • Named “Litigation Star” in Benchmark Litigation
  • Super Lawyer in Alabama by Mid-South Super Lawyers® magazine
  • An AV rated attorney by Martindale-Hubbell® Peer Review RatingsTM

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.

Highlights

  • Obtained a defense verdict in a 6-day wrongful death case in favor of a defendant, Hospitalist, in a case alleging failure to ensure that a patient was placed on necessary cardiac monitoring.
  • Secured a defense verdict in a medical malpractice wrongful death suit following a five-day jury trial, involving allegations of improper administration of Tissue Plasminogen Activator (“TPA”) to a stroke patient by the defendant Emergency Room nurse and hospital.
  • Following a six-day trial, obtained a defense verdict on behalf of a plastic surgeon in a case involving post-operative complications from mesh used during the surgical procedure, which was chest reconstruction following breast cancer.
  • Following a nine-day trial, obtained a defense verdict for a defendant Hospitalist in a case alleging injuries from an alleged failure to diagnose spinal cord compression.
  • Obtained a defense verdict in favor of an oral and maxillofacial surgeon in a case involving a bilateral total joint replacement of the temporomandibular joint (TMJ).
  • 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.
Load More

Presentations and Publications

  • Make Your New Year Happy – Avoid a Suit for Legal Malpractice, CLE by the Bundle/Cumberland, Birmingham, AL, December 20, 2018.
  • Direct & Cross Examination of Expert Witnesses , Cumberland School of Law, Birmingham, AL, March 28, 2017.
  • Ethical Issues Facing Attorneys, James E. Horton Inn of Court, Birmingham, AL, March 21, 2017.
  • Avoiding Suits for Legal Malpractice, Charles G. Pittman Attorneys at Law, Brentwood, TN, March 10, 2017.
  • 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.
  •   Responding to a Bar Complaint, The Alabama Lawyer, Vol. 73. No. 2, March 2012.
  • Welcome to the Trophy Generation, The Alabama Lawyer, Vol. 73. No. 1, January 2012.
  • Jury Misconduct What Happens Behind Closed Doors, Alabama Law Review, Vol. 62, No. 3, 2011.
  • Seeking a Recusal:  Calling the Judge a Lizard Won’t Help Your Cause, The Alabama Lawyer, Vol. 71, No. 3, May 2010.
  • Nine Ways to Avoid a Suit for Legal Malpractice, The Alabama Lawyer, Vol. 65, No. 4, July 2004.
  • The Professional Liability of Attorneys in Alabama, Cumberland Law Review Vol. 30, No. 3 (1999-2000).

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