Childs v. Solomon

This appeal is brought from the dismissal of a defendant’s compulsory counterclaim asserting a Fifth Amendment privilege to questions propounded in a deposition.

Mark S. Solomon, an attorney, brought this action to foreclose on property owned by his former client, Childs, as compensation for services rendered to the client in a criminal action. Childs counterclaimed for legal malpractice in the still-pending criminal action. It is agreed that refiling of the counterclaim will be barred by the statute of limitations.

In response to Mr. Solomon’s motion to strike the counterclaim for failure to…