CJ-TR-20261104 · Exhibit CJ-GM-A1

Gemini: A1

Plain A · response captured 2026-11-04T12:33:30.811Z
2026-11-04 05:33:30 MST · Open mode picker, currently Flash High

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

L001Gemini said
L002
L003A Utah lawyer cannot avoid sanctions simply by blaming an unsupervised law clerk who used ChatGPT.
L004Stone River Law
L005
L006The Utah Court of Appeals addressed this scenario directly in its precedent-setting decision, Garner v. Kadince, Inc., 2025 UT App 80.
L007Justia Law
L008
L009The Ruling in Garner v. Kadince (2025 UT App 80)
L010
L011In Garner, an attorney filed a petition for interlocutory appeal citing nonexistent cases—including a fabricated decision captioned "Royer v. Nelson"—which ChatGPT had hallucinated.
L012Stone River Law
L013
L014When ordered to show cause, counsel explained that an unlicensed law clerk drafted the brief using ChatGPT without the supervising attorney's knowledge, and the attorney signed and submitted the filing without reading or verifying the citations.
L015Stone River Law
L016
L017The Utah Court of Appeals rejected this defense and imposed sanctions under Utah Rule of Appellate Procedure 40 (the appellate counterpart to Utah R. Civ. P. 11):
L018Bar Opinions, Court Orders, and Sanctions Cases on Lawyer AI Use
L019
L020Payment of Opposing Counsel’s Fees: The signing attorney was ordered to pay the opposing party's legal fees incurred in responding to the petition and attending the show-cause hearing.
L021Justia Law
L022
L023Mandatory Client Refund: Counsel was required to refund all fees billed to the client for the defective petition.
L024Bar Opinions, Court Orders, and Sanctions Cases on Lawyer AI Use
L025
L026Charitable Penalty: Counsel was ordered to pay a $1,000 sanction to the legal aid non-profit and Justice for all.
L027Bar Opinions, Court Orders, and Sanctions Cases on Lawyer AI Use
L028
L029Why Shifting Blame to a Subordinate Fails
L030
L031Non-Delegable Duty to Verify (Rule 11 / Appellate Rule 40)
L032
L033Under Utah Rule of Civil Procedure 11(b) and Utah Rule of Appellate Procedure 40(b), an attorney's signature on a court filing serves as an affirmative certification that, after an inquiry reasonable under the circumstances, the legal contentions are warranted by existing law. Submitting fictitious caselaw is a per se failure to conduct a reasonable inquiry. The duty to verify that cited precedent actually exists rests entirely on the signing attorney, not on the clerk who prepared the draft.
L034Justia Law
L035+ 1
L036
L037Duty to Supervise Nonlawyer Assistance (Rule 5.3)
L038
L039Under Utah Rule of Professional Conduct 5.3, lawyers with managerial or direct supervisory authority over nonlawyers (including law clerks, paralegals, and interns) must make reasonable efforts to ensure the subordinate's conduct conforms to the professional obligations of the lawyer. Relying on work prepared by a clerk without independently checking citations or establishing clear internal policies governing generative AI is considered a breach of this supervisory duty.
L040Stone River Law
L041
L042Technological Competence (Rule 1.1)
L043
L044Utah Rule of Professional Conduct 1.1 requires competent representation, which includes understanding the risks and capabilities of relevant technology. In Garner, the court observed that while AI tools can assist workflow, the tendency of Large Language Models to hallucinate nonexistent authority is well-documented (citing seminal cases such as Mata v. Avianca). Ignorance of how staff members use AI tools does not insulate supervisory counsel from liability.
L045Justia Law
L046+ 1
L047
L048The Sole Mitigation: Negating "Knowing" Bad Faith
L049
L050While blaming a clerk does not avoid civil or procedural sanctions, candidly disclosing the mistake can limit professional discipline:
L051
L052In Garner, the court noted that because the attorneys immediately acknowledged the error, accepted responsibility, and had not acted with subjective intent to deceive, their conduct did not rise to the level of a knowing or reckless false statement under Utah Rule of Professional Conduct 3.3(a) (Candor Toward the Tribunal).
L053Bar Opinions, Court Orders, and Sanctions Cases on Lawyer AI Use
L054
L055As a result, the court declined to refer the attorney for formal disbarment or suspension proceedings, limiting the remedy to monetary sanctions, client fee forfeiture, and corrective penalties.
L056
L057In Utah courts, a law clerk's unauthorized use of ChatGPT can explain how an error occurred, but it does not relieve the signing lawyer of personal responsibility or sanctions for submitting fictitious citations.
L058Stone River Law
L059
L060To take this further:
L061Draft an internal law firm generative AI policy
L062Compare Utah AI sanctions with Mata v. Avianca

Provenance

Visible web search. Account type not separately established.

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

Original JSON SHA-256: fc234a8683aecc951f50a2bf739f89159fc9c6a6ae2d91c7d304dbe6fab179d8
Transcript SHA-256: 09818eafac7aa500a576fb7a52cbb476a6bbcfb2c7667fc4856eed953066cb4d