Court of Appeals reverses summary dismissal based on letters attached by Plaintiff to complaint
Deborah Kind sued her lawyers for malpractice. She was acting "in pro per," that is, without a lawyer to assist her. She alleged inadequate advice from the lawyers and attached some of their correspondence to her complaint. The trial judge deemed the correspondence to be inconsistent with Kind's allegations and dismissed her claim without a trial. The Court of Appeals ruled that the letters were not pleadings and could not be considered "admissions" by Kind that precluded her from litigating her allegations. One judge noted that in her opinion, the attached letters were not even inconsistent with Kind's pleadings.