Barbee v. WMA Securities, Inc.

TROUT, Justice.

This is a dispute about a claim for attorney fees incurred in arbitration. It is a consolidated action involving (1) an award confirmation proceeding, which included a request for attorney fees; and (2) a subsequent court action filed solely to obtain attorney fees under the Idaho Securities Act (ISA). The main issue is whether a pre-arbitration lawsuit must be filed to obtain attorney fees under I.C. § 30-1446.1

I. FACTUAL AND PROCEDURAL BACKGROUND

This dispute arose after two Idaho residents, John and Patricia Bentley (the Bentleys), were convinced by WMA Securities, Inc., a…