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Second Circuit Refers Lawyer for Disciplinary Proceedings Based on AI-Hallucinated Case in Brief
Reason ^ | 1.30.2024 | Eugene Volokh

Posted on 01/30/2024 12:41:49 PM PST by nickcarraway

From Park v. Kim, decided today by the Second Circuit (Judges Barrington Parker, Allison Nathan, and Sarah Merriam); this is the 13th case I've seen in the last year in which AI-hallucinated citations were spotted:

We separately address the conduct of Park's counsel, Attorney Jae S. Lee. Lee's reply brief in this case includes a citation to a non-existent case, which she admits she generated using the artificial intelligence tool ChatGPT. Because citation in a brief to a non-existent case suggests conduct that falls below the basic obligations of counsel, we refer Attorney Lee to the Court's Grievance Panel, and further direct Attorney Lee to furnish a copy of this decision to her client, Plaintiff-Appellant Park….

Park's reply brief in this appeal was initially due May 26, 2023. After seeking and receiving two extensions of time, Attorney Lee filed a defective reply brief on July 25, 2023, more than a week after the extended due date. On August 1, 2023, this Court notified Attorney Lee that the late-filed brief was defective, and set a deadline of August 9, 2023, by which to cure the defect and resubmit the brief. Attorney Lee did not file a compliant brief, and on August 14, 2023, this Court ordered the defective reply brief stricken from the docket. Attorney Lee finally filed the reply brief on September 9, 2023.

The reply brief cited only two court decisions. We were unable to locate the one cited as "Matter of Bourguignon v. Coordinated Behavioral Health Servs., Inc., 114 A.D.3d 947 (3d Dep't 2014)." Appellant's Reply Br. at 6. Accordingly, on November 20, 2023, we ordered Park to submit a copy of that decision to the Court by November 27, 2023. On November 29, 2023, Attorney Lee filed a Response with the Court explaining that she was "unable to furnish a copy of the decision." 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."


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1 posted on 01/30/2024 12:41:49 PM PST by nickcarraway
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To: nickcarraway

What the ....? I’d like to click on it, but I’m also afraid to...


2 posted on 01/30/2024 12:45:58 PM PST by Combat_Liberalism
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To: nickcarraway

I’ve done legal citations, and they are a pain, but it isn’t rocket science, for what is important to you.

Disbar all such attorneys!


3 posted on 01/30/2024 12:49:23 PM PST by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: nickcarraway
Attorney Lee states that "it is important to recognize that ChatGPT represents a significant technological advancement," and argues that "[i]t would be prudent for the court to advise legal professionals to exercise caution when utilizing this new technology."

This is the "it's your fault becuase you did not tell me not to" defense.
4 posted on 01/30/2024 12:52:05 PM PST by wbarmy (Trying to do better.)
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To: nickcarraway

5 posted on 01/30/2024 12:56:50 PM PST by Magnum44 (...against all enemies, foreign and domestic... )
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To: nickcarraway

So Lee literally committed a fraud on the court...it seems to me any attorney engaging in such conduct should be immediately referred for criminal charges in addition to discipline by the state bar.


6 posted on 01/30/2024 12:59:38 PM PST by rottndog (What comes after America?)
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To: rottndog
A good tune-up would be in order, also.  
7 posted on 01/30/2024 1:17:03 PM PST by kiryandil (Free Jon Preston!)
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To: nickcarraway

Another Chat thing oopsie.


8 posted on 01/30/2024 1:48:55 PM PST by bgill
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To: ConservativeMind; nickcarraway

I could see an attorney using AI to research case cites, but there is no excuse to not actually check on them to make sure they are not only real but that they actually benefit your case.

I have friends who work in Hollywood and I teased them about the writer’s strike demanding that no AI be used by producers to generate content... as if the writers themselves wouldn’t be using AI to generate or sketch basic plot-lines and plot twists and dialogue prompts etc? They may ultimately write the script themselves, but they will surely be using AI as an idea factory at a minimum.


9 posted on 01/30/2024 5:19:15 PM PST by monkeyshine (live and let live is dead)
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To: rottndog

Not to mention the risk to the client. The client paid for services, expertise, experience and perhaps timely resolution of the case (sometimes not that last bit). This lawyer billed the client - it’s fraud. It jeopardizes his client’s case. It wastes the courts time.


10 posted on 01/30/2024 5:21:20 PM PST by monkeyshine (live and let live is dead)
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To: nickcarraway

“Hallucinated Case” because it doesn’t exist?


11 posted on 01/30/2024 8:28:30 PM PST by ding_dong_daddy_from_dumas (Re-imagine the media!)
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