Colorado § 13-93-406 - Enforcement - private right of action - remedies.

§ 13-93-406. Enforcement - private right of action - remedies.

(1) A person described in subsection (2) of this section may enforce this part 4 by bringing a civil action in a court of competent jurisdiction.

(2) The following persons may enforce this part 4:

(a) A person to whom a lawyer or law firm provides legal services, which legal services are alleged to be in violation of this part 4; or

(b) Except as set forth in subsection (3) of this section, a law firm doing substantial business in Colorado that has suffered or may suffer a loss in revenue due to violations of this part 4 by another law firm, which law firm doing substantial business in Colorado may only seek injunctive or declaratory relief and disgorgement pursuant to subsection (5)(b) of this section.

(3) A law firm described in subsection (2)(b) of this section may bring a civil action to enforce this part 4 only if the law firm has provided written notice of the alleged violation to the attorney general and the attorney general has not commenced a civil action against the alleged violator before or within sixty days after receipt of the notice.

(4) (a) The following remedies are available for violations of this part 4:

(I) For a person described in subsection (2)(a) of this section, and in addition to any other remedies available for a violation of this part 4, economic damages in the amount of the legal fees paid to the lawyer, law firm, or other person in violation of this part 4;

(II) Injunctive relief;

(III) Declaratory relief; and

(IV) Any other relief the circumstances may require.

(b) A prevailing plaintiff is entitled to recover any reasonable attorney fees and costs paid to enforce a violation of this part 4.

(5) (a) A lawyer, law firm, or other person that receives or pays funds in violation of this part 4 is liable for damages in the amount of the funds received or paid in violation of this part 4.

(b) If a court determines that a lawyer, law firm, or other person has violated this part 4, the court shall order the funds described in subsection (5)(a) of this section to be disgorged and paid to the state treasurer for deposit into the general fund; except that any amounts awarded as economic damages to a plaintiff pursuant to this section shall be offset against the amount of disgorgement.

(6) A contract or agreement in violation of this part 4 is deemed void.

Source: L. 2026: Entire part added, (HB 26-1421), ch. 403, p. 2523, § 1, effective August 12.