CJ-TR-20261104 · Exhibit CJ-CL-P1

Claude: P1

Structured A-prime · response captured 2026-11-04T12:34:10.710Z
2026-11-04 05:34:10 MST · Model: Opus 5.5 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?

Limit this to Utah state court decisions from 2023 to November 4, 2026. For each case you cite, give the full citation and quote the sentence that supports the point, with its pinpoint. If you can't find a case that supports it, say so instead of guessing.

Rendered response text

L001Claude responded: Short answer: no.
L002Searched the web, read 2 pages
L003
L004Searched the web, read 2 pages
L005
L006Short answer: no. In the one Utah state appellate decision on point, that exact explanation was offered and the court sanctioned the signing lawyer anyway. The explanation helped reduce the penalty. It did not avoid it.
L007
L008The controlling case
L009
L010Garner v. Kadince, Inc., 2025 UT App 80, 571 P.3d 812 (per curiam), filed May 22, 2025.
L011
L012The facts match your question. Counsel told the court a non-lawyer clerk had drafted the petition with ChatGPT and they hadn’t known:
L013
L014¶5: “Petitioner’s counsel explained that the Petition had been prepared by an unlicensed law clerk, employed by their law firm, who used ChatGPT in the drafting of the Petition.” Also at ¶5: “Petitioner’s counsel were not aware that the law clerk was using ChatGPT in the preparation of their firm’s legal work”.
L015justia
L016
L017justia
L018
L019
L020The court held the duty belongs to the attorney and can’t be handed off:
L021
L022¶8: “However, we emphasize that every attorney has an ongoing duty to review and ensure the accuracy of their court filings.”
L023justia
L024
L025
L026The legal basis is the signature, not who did the drafting:
L027
L028¶10: “And the signature of Mr. Bednar on the Petition served to “certif[y] that to the best of [his] knowledge formed after an inquiry reasonable under the circumstances,” the “legal contentions are warranted by existing law.”
L029justia
L030
L031
L032Apology and acceptance of responsibility did not prevent sanctions:
L033
L034¶12: “This court takes the submission of fake precedent seriously and finds that sanctions are warranted.”
L035justia
L036
L037¶14: “However, regardless of Petitioner’s counsel’s contrition, harm was done as a result of their acts.”
L038justia
L039
L040What the explanation did buy
L041
L042No Rule 3.3 finding. In n.4 (attached to ¶10), the court found that counsel made a false statement of law, but “we find that their conduct fell short of the level of intent required by the rule.” Rule 3.3 requires that the false statement be made knowingly or recklessly.
L043justia
L044
L045
L046Lighter sanctions. The court separated these facts from Mata v. Avianca, where counsel kept insisting the fake cases were real. ¶13: “Petitioner’s counsel’s conduct has not been similarly egregious, and they have accepted responsibility for their misrepresentations to this court.”
L047justia
L048
L049
L050Who paid. The sanctions under ¶16 were:
L051
L052Opposing counsel’s fees and the $1,000 donation, imposed on Bednar, who signed the petition.
L053A refund of the client’s fees, imposed on both attorneys.
L054
L055Durbano did not draft or sign the petition, but he still shared the refund obligation.
L056
L057Practical read: Disclosing the clerk’s role early and fully is good mitigation. It is not a defense. In Garner, the court specifically noted that the firm had no AI policy, and the signer never checked the citations.
L058
L059What I checked and excluded
L060
L061Prisbrey v. Prisbrey, 2026 UT App 39 (Mar. 19, 2026) involved bad citations but doesn’t support the point.
L062
L063The court found that some citations “appear to be made out of whole cloth” (n.6). That is the only quote I’m taking from this opinion.
L064s3
L065
L066It made no AI finding, no clerk was involved, and it imposed no sanction, only criticism in a footnote.
L067It’s useful only to show that the Court of Appeals checks citations closely.
L068
L069Gaps:
L070
L071I found no Utah Supreme Court decision on this issue.
L072I found no published Utah trial-court ruling. Unpublished district court orders may exist, but I couldn’t reach them.
L073One tracker claims 22 Utah AI-hallucination decisions. I couldn’t verify that number, and many are probably federal (D. Utah), which falls outside your scope.
L074I don’t have P.3d page pinpoints for Garner. The paragraph pinpoints above follow Utah’s public-domain citation format.
L075
L076Not legal advice. Pull the Garner opinion directly before citing it in a filing.
L077
L078
L079Create a doc
L080
L081
L082
L083
L084
L0851 minute ago

Provenance

Visible web search. Claude Max, personal.

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

Original JSON SHA-256: bf1e7dd26c0854ec2dae84be911a0b4710296c5498b86779be2914b438bd1258
Transcript SHA-256: 56eaf1121cf336ee29c0afa74f36a25476df43590faede7850bf6108331d864b