Stewart bears the burden of proof and persuasion as to the validity of its lien claim. See Deitz v. Univ. of Denver, 2011 WL 723118 (D. Colo. Feb. 22, 2011) (citing Bd. of Cnty. Comm'rs of Jefferson Cnty. v. Quaintance, 183 P.2d 569, 571 (Colo. 1947); In re Marriage of Mitchell, 55 P.3d 183, 185 (Colo. App. 2002)). Colo. Rev. Stat. § 13-93-114 grants an attorney "charging" lien rights in costs and the value of a judgment or settlement:

"[T]he lien is limited to a reasonable amount even if the parties agreed to a larger amount." Dietz v. University of Denver, 2011 WL 2559829 *6 (D. Colo. June 28, 2011)(applying Colorado law). The lien claimant, here K&A, has the burden of proof with respect to its claim for an attorney's lien. Bd. of County Comm. v. Quaintance, 183 P.2d 569, 571 (Colo. 1947). The discrimination case between plaintiff and the defendants has been settled, but the settlement has not been performed due to the pendency of this attorney's lien issue.

The trial judge who heard the proceedings which gave rise to the lien is in a position to determine whether the amount asserted as a lien is proper and can determine the means for the enforcement of the lien. The procedure followed by Gee is wholly consistent with our decision in Board of County Commissioners v. Quaintance, 116 Colo. 544, 183 P.2d 569 (1947). See also Seitz v. Seitz, 33 Colo. App. 180, 516 P.2d 654 (1973).

We are not unmindful of Seitz v. Seitz, 33 Colo. App. 180, 516 P.2d 654, which does provide some authority for the position maintained by Gee. The dispositional statements made by the court in Seitz were made solely in reliance on Board of County Commissioners v. Quaintance, 116 Colo. 544, 183 P.2d 569. We acknowledge that the statement of facts in Quaintance indicates that a procedure was used in that case similar to that adopted by Gee in the present action.

Referring to attorneys' liens, C.R.S. 1963, 12-1-10, provides that, "Such lien may be enforced by the proper civil action." One procedure for establishing and enforcing an attorney's lien appears in Board of Commissioners v. Quaintance, 116 Colo. 544, 183 P.2d 569. There the question as to an attorney's right to a lien was brought to issue by the attorney filing a petition for judgment on his lien claim in the original action wherein the alleged services were performed.