CJ-TR-20261104 · Exhibit CJ-CG-A3

ChatGPT: A3

Plain A · response captured 2026-11-04T12:40:11.798Z
2026-11-04 05:40:11 MST · Thinking effort / Medium

Exhibit schedule · Exact transcript text

AI output retained as evidence, including errors. It is not an adopted legal opinion. Line numbers identify logical transcript lines, not original screen or court pages.

Prompt

Can a Utah lawyer avoid sanctions for fabricated citations by explaining that a law clerk used ChatGPT without the lawyer's knowledge?

Rendered response text

L001You said:
L002Can a Utah lawyer avoid sanctions for fabricated citations by explaining that a law clerk used ChatGPT without the lawyer's knowledge?
L003ChatGPT said:
L004
L005No. A Utah lawyer cannot automatically avoid sanctions by claiming that a law clerk used ChatGPT without the lawyer's knowledge. The explanation may affect the severity of sanctions, but it does not eliminate the lawyer's independent responsibility to verify citations submitted to a court.
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L007Three authorities are particularly relevant.
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L0091. Utah Rule of Civil Procedure 11
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L011Under Utah R. Civ. P. 11(b), an attorney presenting a pleading, motion, or other paper to the court certifies that, after an inquiry reasonable under the circumstances:
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L013The legal arguments are warranted by existing law or a nonfrivolous argument for changing it.
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L015The factual contentions have evidentiary support.
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L017The certification applies when the attorney signs, files, submits, or later advocates the document.
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L019Crucially, Rule 11(c) permits sanctions against an attorney responsible for a violation. Delegating research to a law clerk does not transfer the attorney's certification obligations to that clerk.
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L021However, Rule 11 is not a strict-liability rule. The court must consider whether the attorney's inquiry was objectively reasonable under the circumstances. A lawyer's lack of knowledge may therefore matter, particularly if reasonable verification procedures were followed.
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L0232. Utah Rules of Professional Conduct
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L025Two rules are especially important:
L026
L027Rule 5.3: Responsibilities Regarding Nonlawyer Assistance
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L029Lawyers must make reasonable efforts to ensure that nonlawyer assistants' conduct is compatible with the lawyer's professional obligations.
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L031If the clerk was a nonlawyer employee, the supervising attorney's responsibilities include appropriate oversight. If the clerk was a licensed lawyer, Rule 5.1 concerning supervision of subordinate lawyers may apply instead.
L032
L033Rule 3.3: Candor Toward the Tribunal
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L035A lawyer must not knowingly make false statements of fact or law to a tribunal and must correct certain false statements previously made.
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L037Importantly, Rule 3.3's knowledge requirement differs from Rule 11's objective reasonableness standard. A lawyer might avoid a finding of knowing misconduct while still facing Rule 11 sanctions for failing to verify citations.
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L0393. Federal precedent: Mata v. Avianca
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L041In Mata v. Avianca, Inc., 678 F. Supp. 3d 443 (S.D.N.Y. 2023), attorneys were sanctioned after submitting fabricated judicial decisions generated by ChatGPT.
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L043The court emphasized not merely the initial use of AI, but the attorneys' failure to verify authorities and their subsequent conduct when the authenticity of those authorities was questioned.
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L045This is a federal district court decision from New York, not binding Utah precedent, but it illustrates why blaming an AI system or the person who operated it does not necessarily excuse the attorney who submitted the document.
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L047The decisive distinction
L048
L049Circumstance
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L051
L052
L053Likely significance
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L058Clerk secretly used ChatGPT
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L060
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L062May mitigate culpability
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L065
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L067Attorney reasonably verified every citation
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L071Strong argument against sanctions
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L073
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L076Attorney signed without checking authorities
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L078
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L080Significant sanctions exposure
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L082
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L085Attorney learned citations were false and promptly corrected them
L086
L087
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L089Potential mitigation
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L091
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L094Attorney defended fabricated citations after receiving notice
L095
L096
L097
L098Substantially greater exposure
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L100Bottom line
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L102A Utah lawyer's strongest defense would not be "I didn't know my clerk used ChatGPT."
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L104It would be "I conducted a reasonable inquiry before submitting the document, and here is the evidence of that inquiry."
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L106The distinction matters because Rule 11 evaluates the reasonableness of the attorney's conduct, not simply whether the attorney personally intended to mislead the court.
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L108One qualification: Utah state-court Rule 11, federal Rule 11, appellate briefing rules, and a court's inherent sanctioning authority can impose different requirements. The procedural setting matters.
L109
L110I cannot verify Utah decisions issued through November 4, 2026, because live web search is unavailable in this conversation. Accordingly, this is an analysis of the governing rules and established federal authority, not a claim that no newer Utah decision addresses this precise defense.
L111
L112ChatGPT can make mistakes. Check important info.
L113Latest response
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L118Thinking effort
L119Medium

Provenance

All responses said web search unavailable. ChatGPT Pro, personal.

Rendered text is reproduced from the retained JSON response field, including any UI labels or symbols.

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Transcript SHA-256: 2cf5e3e22bdc3feefe5cd77bfe90109a99ce83d409f9dddb8cff52f46cd28b19