CJ-TR-20261104 · Exhibit CJ-CP-P3

Copilot: P3

Structured A-prime · response captured 2026-11-04T12:55:10.431Z
2026-11-04 05:55:10 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?

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

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
L004Limit 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.
L005
L006Copilot said:
L007
L008Based on my search of Utah state court decisions from January 1, 2023 through November 4, 2026, I found one Utah state appellate decision directly addressing this situation: Garner v. Kadince, 2025 UT App 80 (Utah Ct. App. May 22, 2025). I did not find any other Utah state appellate decision during that period holding that a lawyer can avoid sanctions by claiming a law clerk used ChatGPT without the lawyer's knowledge.
L009thelawlion
L010
L011Short answer
L012
L013No. In Garner v. Kadince, the attorneys explained that an unlicensed law clerk used ChatGPT without the attorneys' knowledge, but the Utah Court of Appeals nevertheless imposed sanctions because the signing attorney failed to verify the filing.
L014thelawlion
L015
L016The case
L017
L018Garner v. Kadince, 2025 UT App 80 (Utah Ct. App. May 22, 2025).
L019thelawlion
L020
L021Facts showing the attorneys raised the law-clerk explanation
L022
L023Paragraph 5 states:
L024
L025“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. … Mr. Bednar did not independently check the accuracy of the Petition before signing and filing it with the court. Petitioner’s counsel were not aware that the law clerk was using ChatGPT in the preparation of their firm’s legal work … .”¶ 5.
L026thelawlion
L027
L028The court's statement of the attorney's duty
L029
L030Paragraph 8 states:
L031
L032“However, we emphasize that every attorney has an ongoing duty to review and ensure the accuracy of their court filings.”¶ 8.
L033thelawlion
L034
L035The same paragraph continues:
L036
L037“In the present case, Petitioner’s counsel fell short of their gatekeeping responsibilities as members of the Utah State Bar when they submitted a petition that contained fake precedent generated by ChatGPT.”¶ 8.
L038thelawlion
L039
L040The court's holding that the rule was violated
L041
L042Paragraph 10 states:
L043
L044“Here, the Petition failed to comply with rule 40. A fake opinion is not ‘existing law’ that can support a party’s legal contention.”¶ 10.
L045thelawlion
L046
L047The court further stated:
L048
L049“Mr. Bednar admits that he failed to comply with rule 40.”¶ 10.
L050thelawlion
L051
L052The sanction ruling
L053
L054The opening paragraph of the opinion states:
L055
L056“The court, having reviewed the filings and heard from the parties at the April 22, 2025 OSC hearing, finds that Petitioner’s counsel violated rule 40 of the Utah Rules of Appellate Procedure and imposes sanctions.”¶ 1.
L057thelawlion
L058
L059And paragraph 12 states:
L060
L061“Although the court appreciates Petitioner’s counsel’s acceptance of responsibility for their conduct, filing pleadings or other legal documents without taking the necessary care in their preparation is an abuse of the judicial system and subject to sanctions.”¶ 12.
L062thelawlion
L063
L064Conclusion
L065
L066I found no Utah state court decision from 2023-Nov. 4, 2026 holding that an attorney can avoid sanctions by explaining that a law clerk used ChatGPT without the attorney's knowledge. The Utah Court of Appeals' decision in Garner v. Kadince, 2025 UT App 80, points the other way: the court accepted that the law clerk used ChatGPT without the attorneys' knowledge, but still held that the attorneys had a duty to verify the filing and imposed sanctions.
L067thelawlion
L068
L069References
L070Find the exact sanction imposed
L071Check for Utah Supreme Court cases
L072Compare with federal ChatGPT sanctions

Provenance

Visible search/source results. Commercial data protection badge.

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

Original JSON SHA-256: 90127b47c60d9b65384836fde5bc38e526e3297247b49c3920f7395a43353e1e
Transcript SHA-256: b9ca31a57ce3f749e6ab9bd78303a93e6d8bebe0dd3862339716a1edc5b214e2