ChatGPT Nonexistent Case Leads to Second Circuit Court of Appeals Disciplinary Referral

02.23.24

Alan S. Wernick covered a disciplinary referral made in a Second Circuit Court of Appeals case involving an attorney’s ChatGPT usage in a recent article in the American Bar Association’s Business Law Today, Month-In-Brief: Internet Law & Cyber-Security.

After the judge could not locate a court case cited in a brief submitted by the plaintiff’s lawyer, the lawyer admitted that she turned to ChatGPT after “considerable” conventional research failed to turn up a case supporting her argument. The lawyer asserted that ChatGPT had previously provided her with reliable information. Still, the judge concluded that the lawyer had made no effort to ascertain the validity of the cited case. Ultimately, the judge referred the matter to a disciplinary panel for further investigation.

Read Alan’s full article here.

Alan, a bar member in IL, NY, OH, and DC, is a business transactions attorney and advocate with a background in accounting and technology who focuses on information technology, privacy/cybersecurity, and intellectual property law. Individuals across professional industries respect his in-depth experience as a seasoned legal counselor, advocate, arbitrator, mediator, and bridge builder among business, technology, and intellectual property communities