CJ-TR-20261104 · Exhibit CJ-CP-A3

Copilot: A3

Plain A · response captured 2026-11-04T12:43:16.309Z
2026-11-04 05:43:16 MST · Auto

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?
L003
L004Copilot said:
L005
L006Generally, no. A Utah lawyer is unlikely to avoid sanctions simply by saying that a law clerk used ChatGPT without the lawyer's knowledge.
L007
L008In Garner v. Kadince, the Utah Court of Appeals considered exactly that type of explanation. The attorneys acknowledged that an unlicensed law clerk had used ChatGPT without their knowledge and that the resulting filing contained fabricated citations. Despite that explanation, the court sanctioned the attorneys because they failed to verify the authorities before filing the document.
L009lotusappellatelaw
L010+1
L011
L012The court emphasized that attorneys retain a "gatekeeping" responsibility for documents filed under their names. It held that AI-generated fictitious cases are not existing law and that lawyers must independently verify citations and legal authorities before submitting them to a court.
L013lotusappellatelaw
L014+1
L015
L016The sanctions in Garner v. Kadince included:
L017
L018Payment of opposing counsel's fees related to addressing the defective filing.
L019lotusappellatelaw
L020+1
L021Refunding the client for fees associated with the improper filing.
L022lotusappellatelaw
L023+1
L024A $1,000 payment to a legal-aid nonprofit organization.
L025lotusappellatelaw
L026+1
L027
L028So the lesson from Garner v. Kadince is that a law clerk's undisclosed use of ChatGPT may help explain how the error occurred, but it does not generally relieve the signing attorney of responsibility. The court treated the failure to verify citations as the lawyers' own failure, notwithstanding the clerk's role.
L029lotusappellatelaw
L030+1
L031
L032In short: the explanation may mitigate sanctions, but Utah precedent indicates it will not automatically prevent them.
L033lotusappellatelaw
L034+1
L035
L036References
L037Explain the Utah rule on filing verification
L038Compare sanctions in similar AI-citation cases
L039Draft a mitigation argument for the lawyer

Provenance

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Transcript SHA-256: ae6e20055c340582b858d6abe627ab814ffad435620e8bc19761a7b2bca513c8