C.R.S. Section 13-17-103
Procedure for determining reasonable fee

  • judicial discretion

(1)

In determining the amount of an attorney fee award, the court shall exercise its sound discretion. When granting an award of attorney fees, the court shall specifically set forth the reasons for said award and shall consider the following factors, among others, in determining whether to assess attorney fees and the amount of attorney fees to be assessed against any offending attorney or party:

(a)

The extent of any effort made to determine the validity of any action or claim before said action or claim was asserted;

(b)

The extent of any effort made after the commencement of an action to reduce the number of claims or defenses being asserted or to dismiss claims or defenses found not to be valid within an action;

(c)

The availability of facts to assist a party in determining the validity of a claim or defense;

(d)

The relative financial positions of the parties involved;

(e)

Whether or not the action was prosecuted or defended, in whole or in part, in bad faith;

(f)

Whether or not issues of fact determinative of the validity of a party’s claim or defense were reasonably in conflict;

(g)

The extent to which the party prevailed with respect to the amount of and number of claims in controversy;

(h)

The amount and conditions of any offer of judgment or settlement as related to the amount and conditions of the ultimate relief granted by the court.

Source: Section 13-17-103 — Procedure for determining reasonable fee - judicial discretion, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Dec. 24, 2024).

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Current through Fall 2024

§ 13-17-103’s source at colorado​.gov