JUDGE PATRICK BORDER (RET.)
AREA OF EXPERTISECommercial/Business , Condo/AOAO , Construction/Design , Employment/Labor , General Civil , Injury/Torts , Insurance/Personal , Real Property
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Judge Border’s litigation career began in 1974 when, while serving in the Air Force, he was appointed the first Public Defender at Hickam Air Force Base. In that year, he secured an acquittal for an enlisted man charged with Sex Assault. In 1976, he was appointed Circuit Prosecutor by the Air Force where he successfully prosecuted court-martial cases at air bases in Arizona, New Mexico, Texas, Oklahoma and Kansas as well as cases as far away as the United Kingdom.
After completing his military tour of duty, the Judge became a city prosecutor handling class A felonies including Murder and Sex Assault. In 1980 he was appointed as a Deputy Attorney General and Special Assistant U. S. Attorney for the Medicaid Fraud Control Unit. In 1981, he secured a conviction where a medical doctor was charged with prescribing 1/2 of one per cent of all Quaalude prescriptions in the entire United States.
In 1982 the Judge decided to change direction, joining the City Corporation Counsel’s office to defend the City against civil suits, including all manner of tort suits, property damage claims and civil rights based lawsuits alleging police brutality. He was able to secure dismissal of the vast majority of the cases by removal to federal court followed by Motions to Dismiss for Failure to State a Claim.
By 1984, the Judge had joined a plaintiff’s injury law firm where he tried six cases in state, federal and San Francisco Superior Court involving injury, product liability and admiralty claims. By 2002 he had tried both civil and criminal cases as plaintiff (or prosecutor) and defense counsel in state, federal and military courts.
While valuing the traditional institution of trial by jury, the Judge recognized by 1998 the value of mediation as a tool for case resolution. That year he joined the Mediation Center of the Pacific, where he settled numerous cases on a pro bono basis. Over the period of 1998 to 2004, he was twice awarded the “Mediator of the Year” award.
From 1991 through 2009 the Judge was a founding member of Inter-Pacific Bar Association where he focused on developing a familiarity with Mediation in the Asia-Pacific region successfully borrowing some Asian settlement concepts into his own practice.
From 2004 to 2014 the Judge was appointed to the Circuit Court, where he presided over 225 jury trials, both civil and criminal. As a settlement judge in civil cases he devoted as much as 40 hours of mediation services to his cases and had a reputation for persisting with settlement efforts until cases were successfully settled.
While jury verdicts are impossible to predict, the Judge developed a feel for juror attitudes, in his approximately 300 jury trials which gives him valuable insights into the adequacy and effect of evidence. This in turn, assists him in evaluating the strengths and weaknesses in mediated cases.