Wilhelm v. Frampton

EISMANN, Justice.

This is a permissive appeal from a decision holding that the statute of limitations on an action to recover an allegedly excessive fee charged by an attorney was tolled while nonbinding fee arbitration proceedings were pending before the Idaho State Bar. We hold that the statute of limitations was not tolled and reverse.

I. FACTS AND PROCEDURAL HISTORY

In May and June 1997, Robert Wilhelm (Wilhelm) was arrested on two drug-related felony charges. He retained attorney Steven Frampton to represent him on both eases. On June 15, 1998, Wilhelm was sentenced to an indeterminate term…