Holding / Framework
Citation to a nonexistent case suggests conduct that falls below the basic obligations of counsel. Use of generative AI tools does not excuse an attorney from separately ensuring that submissions to the court are accurate or legally tenable.
Triggering Conduct
Attorney Jae S. Lee cited two fabricated cases in appellate brief, including Bourguignon v. Coordinated Behavioral Health Services, which did not exist. Lee acknowledged she 'encountered difficulties in locating a relevant case' and turned to ChatGPT, which generated the citation.
Sanctions / Disposition
Referral to Court's Grievance Panel for further investigation and consideration of referral to admission committee.
Primary Source
https://caselaw.findlaw.com/court/us-2nd-circuit/115760381.html · published_reporter
Tags
circuit_court, hallucinated_citations, disciplinary_referral, attorney, civil