Park v. Kim
U.S. Court of Appeals for the Second Circuit · 2d Cir. · Connecticut bar guidance , New York bar guidance , Vermont bar guidance
Verified May 5, 2026
- Citation
- Park v. Kim, 91 F.4th 610 (2d Cir. 2024) (No. 22-2057)
- Decided
- January 30, 2024
Summary
Attorney Jae S. Lee, representing plaintiff Minhye Park in a medical malpractice appeal against David Dennis Kim, cited a non-existent state appellate decision in her reply brief. When the panel directed Lee to produce a copy of the cited authority, she admitted she had generated the citation using ChatGPT after struggling to locate relevant authority through conventional legal research. The Second Circuit held that Lee had failed to make the reasonable inquiry into the validity of her submission required by Federal Rule of Appellate Procedure 11.
- AI tool:
- ChatGPT
What sanction did the court impose?
The Second Circuit referred Lee to the court's Grievance Panel for possible discipline (which may include fines or suspension) and ordered her to furnish a copy of the decision to her client. The court also dismissed the underlying appeal as frivolous and for failure to comply with court rules.
Why does Park v. Kim matter for law firms using AI?
Park v. Kim is the first federal circuit court decision to sanction an attorney for citing AI-fabricated authority, issued roughly seven months after Mata v. Avianca and frequently cited by district courts in subsequent ChatGPT-citation orders. For managing partners, it establishes that the duty of candor and Rule 11 inquiry obligations apply at the appellate level without modification, that a paid ChatGPT subscription is not a defense, and that grievance referral plus mandatory client disclosure are now standard components of the sanctions package.
Sources
Primary sources
Further reading
- https://caselaw.findlaw.com/court/us-2nd-circuit/115760381.html
- https://www.fd.org/news/second-circuit-seeks-sanction-attorney-fake-citation-latest-ai-blunder
- Document mirror (Damien Charlotin hallucination database, Westlaw printout)
Source PDF is a Westlaw printout mirrored from the Damien Charlotin hallucination database. We are working to add the underlying court docket (PACER, CourtListener, or court website) as a second source.