(303) 796-9500
Key Cases
Rick
Rufner’s Published Appellate Cases:
( continued )
-Legal Malpractice
Tripp v. Borchard, 29 P.3d 345 (Colo. App 2001); In this case, the
Plaintiff, who was represented by Mr. Rufner,
brought claims for legal malpractice against a lawyer. Mr. Rufner asked the
judge to recuse himself because of prior involvement with the underlying case.
The judge refused and dismissed the case. On appeal Mr. Rufner contended that
the trial judge abused his discretion in denying the motion for disqualification.
Mr. Rufner’s allegations that the judge should have been disqualified,
considered in light of the policy expressed in Colo. R. Civ. P. 121,¤1-17, were
sufficient to raise a reasonable inference of the appearance of actual or apparent
bias or prejudice and the required disqualification. The appeals court agreed
and reversed the dismissal. Upon remand to the trial court, the case settled
in favor of Mr. Rufner’s client.
