As a malpractice and professional liability defense attorney, Mark Fenzel has two primary goals for his clients: to help them achieve positive outcomes, even in challenging situations, and to assist in rebuilding their confidence after facing these difficult experiences. Mark supports his clients through lawsuits, administrative hearings, mediations, and transactions related to professional liability matters, as well as in commercial and business litigation, education law, insurance defense, and business disputes.

Mark also represents several local and regional businesses. His strong accounting background helps him provide advice on various issues, including acquisitions, mergers, and estate and succession planning. Recently, he was involved in negotiating complex easements, property division, and the lease or purchase of commercial real estate. He assists his clients across all areas of his practice by identifying and prioritizing issues in even the most complex cases to achieve the most favorable outcomes available. Mark’s knowledge and experience provide him with a unique approach to the law—his degree in accounting enables him to think analytically when working with numbers, and his military service in the Navy Judge Advocate General’s Corps instills discipline, tact, and diplomacy into all his work. 

With more than four decades of legal experience, much of which has been spent in the courtroom, Mark seeks every day to enhance his skills and abilities to become an even better advocate for his clients. He has defended numerous insurance companies and self-insured corporations in claims against attorneys, accountants, and other professionals. Mark’s clients appreciate his consistent provision of quick feedback, a listening ear, and his ability to lift their spirits during challenging moments.

Capabilities, Successes, and Assignments

• Defends attorneys, accountants, other professionals, and school boards.
• Represents clients in jury trials, including those involving civil rights, personal injury, defamation, and malicious prosecution.
• Advises businesses regarding acquisitions, mergers, and succession planning.
• Assists litigants with mediation.
• Oversaw the sale of a 100-year-old family business.
• Represented over thirty individual school boards and personnel in Title IX, personal injury, special education, and various other claims, several of which resulted in significant opinions from state and federal courts, including the Kentucky Supreme Court and the Sixth Circuit Court of Appeals.
• Achieved summary judgment for a CPA firm in a $40 million malpractice case, with the Kentucky Supreme Court affirming the ruling.
• Argued or briefed over 20 published and unpublished state and federal court cases.

Published Cases: 

• Beckham v. Bd. of Educ. of Jefferson Cnty., 873 S.W.2d 575 (Ky. 1994)
• Turner v. Nelson, 342 S.W.3d 866, 868 (Ky. 2011)
• Blau v. Fort Thomas Pub. Sch. Dist., 401 F.3d 381 (6th Cir. 2005)
• Ashton v. A. A. by & Through Ames, No. 2020-CA-0224-MR, 2021 WL 942810, at *1 (Ky. Ct. App. Mar. 12, 2021)
• Hartford Ins. Companies of Am. v. Kentucky Sch. Boards Ins. Tr., 17 S.W.3d 525, 526 (Ky. Ct. App. 1999)
• K.G. v. Woodford Cnty. Bd. of Educ., No. CV 5:18-555-DCR, 2022 WL 17993127, at *1 (E.D. Ky. Dec. 29, 2022)
• Cornette v. Com., 899 S.W.2d 502 (Ky. Ct. App. 1995)

Primary Practice

Additional Practice Experience

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