MONTH-IN-BRIEF (Jan 2024)
Second Circuit Court of Appeals Refers Attorney Who Cited Nonexistent Case Provided by ChatGPT for Discipline Investigation
By Alan S. Wernick, Esq., Aronberg Goldgehn
In its January 30, 2024, decision in Park v. Kim, the U.S. Court of Appeals for the Second Circuit responded to an attorney who submitted a reply brief in the appeal that cited a nonexistent case that, as it turns out, the attorney obtained through ChatGPT.
The Court informed Counsel it could not locate the case and requested she furnish the Court with a copy. Plaintiff’s Counsel responded that she was “unable to furnish a copy of the decision.” The Court stated, “Although Attorney Lee did not expressly indicate as much in her Response, the reason she could not provide a copy of the case is that it does not exist – and indeed, Attorney Lee refers to the case at one point as ‘this non-existent case.’”