HLF Attorneys: Patrick Q. Hustead

atrick started The Hustead Law Firm to create something extraordinary: a high energy law firm committed to defining the cutting edge of litigation. He was formerly a partner in one of Denver's largest silk-stocking law firms, is AV rated by Martindale-Hubbell, and all the standard trappings. What is not standard is his singular focus when it comes to perfection in civil litigation. Trials and appeals.

Complex litigation is the primary focus of Patrick's practice. As any real trial lawyer will tell you, the subject of the case is essentially irrelevant; the key to being an effective litigator is the advocate's tactical acuity and willingness to engage in battle. It’s for this reason that Patrick has litigated a wide variety of cases. Early in Patrick's career, his practice was focused on a variety of commercial disputes, from employment to real estate to banking. At this point he is best known for his depth of experience in insurance related litigation of all kinds, from simple bond defaults and catastrophic injury cases, to complex construction disputes and multi-million dollar class actions.

Patrick's particular forte is trying cases and winning them. He has successfully tried to juries numerous liability and bond related cases, including all those listed in the HLF Cases section of this website. Key to Patrick's effectiveness is his grip on the law as evidenced by his well-established appellate practice. He has over 25 published opinions. And, unlike many “appellate” attorneys, he has made several arguments to the Colorado Supreme Court, including the often cited Union Insurance v. Houtz.

Patrick's trial work has included many different types of cases. He won a complex, month-long jury trial in U.S. District Court, where he was defending a construction surety on a $5,000,000 default and bad faith claim. Not only were all claims defeated, but an affirmative counterclaim was awarded against the obligee in the amount of approximately $6,000,000. The jury, returning one of the largest jury verdicts in Colorado in 1999, awarded all of the damages suggested in Patrick's closing argument.

In addition, opposed by three of the largest law firms in the nation, Patrick acted as lead counsel for certain Underwriters at Lloyd's, London in a dispute exceeding $100,000,000. Winning a hotly contested and complex federal court battle, he was successful in dismissing the case and moving it back to London for arbitration.

Patrick successfully tried another bad faith action before a jury in the United States District Court for the District of Colorado. There, he defended a surety that was sued for bad faith refusal to pay construction claims on a surety bond. In one two year period, Patrick spent over 16 weeks in various trials, from complex tort actions involving everything from fraud to brain injuries, to multi-million dollar construction claims. In one of the latter cases, the Plaintiff sued for over $30,000,000, but ended up being ordered to write Patrick’s client a check for several million dollars. Since that time, Patrick has tried and won several other multi-million dollar cases.

Patrick’s last jury trial was an oil and gas trial in U. S. District Court stemming from one of the largest class actions in the history of Colorado. Again, it was a total win for his clients.

In a trial it is a “win” if the verdict puts your client in a better position than what could have been achieved by accepting the opposition’s best settlement offer. From this viewpoint, Patrick has never lost a case. Not many trial lawyers can say that – especially those that try as many cases as Patrick.

The key? Trying the winners and settling the losers. The problem? Knowing the difference. Patrick’s clients hire him because he accurately evaluates potential outcomes, time after time, which puts his clients in the power seat, whether they are suing or being sued. Please see his roster of blue-chip clients listed in the HLF Profile section of this website.

Patrick's background is particularly suited for a Rocky Mountain practice that often involves the small town. He was born on January 27, 1959 in Wall, South Dakota, where his family owns and operates the world-famous Wall Drug Store. He received a B.S. in Finance from the University of Colorado in 1981. Prior to attending law school, Patrick roughnecked on oil rigs on Alaska's North Slope and the Santa Barbara Channel, and completed post-graduate work at the University of Paris at the Sorbonne in 1984. He received a J.D., cum laude, from Boston College Law School in 1987.

Active in the ABA, Patrick was a Vice-Chair of the Fidelity and Surety Law Committee from 2002-2007 and is currently the Co-Chair of the Extra-Contractual Liability Surety Subcommittee. He was Co-Chair of the Miscellaneous Surety Subcommittee from 1994-2002. He is also a member of the National Bond Claims Association, the Surety Claims Institute, the Colorado Defense Lawyers Association, the Defense Research Institute, the Property Loss Research Bureau, the Professional Liability Underwriting Society, and the American Bar Association, Professionals', Officers' and Directors' Liability Law Committee.

Patrick has authored several nationally and internationally distributed publications. Recent publications include:

Good Faith and Fair Dealing: Rocky Mountain Handbook • 2009
Payment Bond Manual, 3rd Edition. Published by the American Bar Association, Fidelity and Surety Committee, 2006.
The Fidelity and Surety Desk Reference Book. Published by the American Bar Association, Fidelity and Surety Committee, 2006.
The Law of Motor Vehicle Dealer Bonds. Published by the American Bar Association, Fidelity and Surety Committee, 2006.
Surety Claim Specialist Regulation and Licensing: State-By-State Analysis •2007
Insurance Bad Faith: Compendium of State Law, June 2004/2006. Patrick recently authored several chapters of this 50-State good faith and fair dealing book published by the Defense Research Institute.

Patrick has lectured on a variety of insurance-related topics throughout the United States and overseas. These include:

ABA Seminar: The Law of Performance Bonds, San Diego, 2009.
ABA Mid-Winter meeting in New York City, 2006.
ABA Fidelity and Surety meeting in San Francisco, 2004.
National Bond Claim Association’s annual convention in North Carolina, 2004.
United States Capitol in Washington D.C. at the Surety Association of America's Congressional Surety School, 2001.
International Association of Defense Counsel's trial school in New York, 2002.
ABA Fidelity and Surety Law Committee at New York's Waldorf-Astoria Hotel, 2001.

Patrick also frequently gives private seminars to insurers and bonding companies on a variety of topics, from the relationship between surety bonds and insurance, to the nuts and bolts of bad faith.

With a regional practice in the Rocky Mountains, Patrick is a member of the state bars of Colorado, Montana, Wyoming and South Dakota, as well as the United States District Court for the Districts of Colorado, Montana, Wyoming and South Dakota, the 10th Circuit Court of Appeals, U.S. Court of Federal Claims, and the United States Supreme Court. Patrick has handled numerous litigation and/or insurance related matters in all of the foregoing jurisdictions, as well as Utah, Idaho, Nevada, Arizona, New Mexico, North Dakota, Kansas, Missouri and Arkansas.

Patrick met his wife, Monica, at Boston College. Four kids later, he stays sane by exercising daily. When there is free time, Patrick enjoys books, guitars, hunting, fishing and bullfights. After growing up in the Western American rodeo culture on the “Wall” of the Badlands National Park, Patrick gravitated to its European counterpart, the Spanish bullfighting world. Many of his close friends live in Spain and Patrick has been a regular participant in the Running of the Bulls in Pamplona for the past three decades.