Chapter 19 - CHAPTER 19 ATTORNEY FEES

• Jurisdiction: Colorado

Chapter 19 ATTORNEY FEES

SYNOPSIS

§ 19.1 CIRCUMSTANCES JUSTIFYING AWARD OF ATTORNEY FEES

§ 19.1.1—Prevailing Defendant Attorney Fees On Motion To Dismiss

§ 19.1.2—Attorney Fees For Prevailing Plaintiff In CCPA Action

§ 19.1.3—Attorney Fees In Contract

§ 19.1.4—Attorney Fees For Claims Or Defenses That Lack Substantial Justification

§ 19.1.5—Attorney Fees As Sanction For Conduct During A Pending Case

§ 19.2 PROCEDURES FOR SEEKING ATTORNEY FEES

§ 19.2.1—State Procedures

§ 19.2.2—Federal Procedures

Colorado adheres to the "American Rule," which provides that "in the absence of a statute, court rule, or private contract to the contrary, attorney fees are not recoverable by a prevailing party in either a contract or a tort action."¹ This chapter first addresses the exceptions to the American Rule, where attorney fees can or must be assessed. This...