CJ-TR-20261104 · Exhibit CJ-GM-P1

Gemini: P1

Structured A-prime · response captured 2026-11-04T12:44:32.725Z
2026-11-04 05:44:32 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?

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

L001Gemini said
L002
L003A Utah lawyer cannot avoid sanctions for fabricated citations by asserting that an unlicensed law clerk used ChatGPT without the lawyer's knowledge. Under Utah law, an attorney who signs and files a brief bears a non-delegable duty to verify the authenticity and accuracy of every cited authority.
L004Bar Opinions, Court Orders, and Sanctions Cases on Lawyer AI Use
L005+ 1
L006
L007Key Decision: Garner v. Kadince, Inc.
L008
L009Full Citation: Garner v. Kadince, Inc., 2025 UT App 80, 571 P.3d 812 (per curiam).
L010Utah State Bar
L011
L012Relevant Holdings & Supporting Quotes
L013
L014The Duty of Independent Verification:
L015
L016"However, we emphasize that every attorney has an ongoing duty to review and ensure the accuracy of their court filings."
L017
L018— Garner, 2025 UT App 80, ¶ 8, 571 P.3d at 815.
L019
L020The Gatekeeping Obligation:
L021
L022"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 containing fabricated legal authority."
L023
L024— Garner, 2025 UT App 80, ¶ 8, 571 P.3d at 815.
L025
L026Abuse of the Judicial System Regardless of Contrition:
L027
L028"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."
L029
L030— Garner, 2025 UT App 80, ¶ 12, 571 P.3d at 816.
L031
L032Context and Application to Subordinate Delegation
L033
L034In Garner, counsel submitted an interlocutory appeal petition citing cases that did not exist—most notably Royer v. Nelson—which were hallucinated by ChatGPT. Counsel argued in mitigation that the brief had been drafted by an unlicensed law clerk who used generative AI without their knowledge, and that the firm had no formal AI policy in place.
L035Stone River Law
L036
L037The Utah Court of Appeals held that pointing to a subordinate's unauthorized AI use does not relieve the signing attorney of liability under Utah Rule of Appellate Procedure 40 (the appellate counterpart to Utah R. Civ. P. 11). By affixing their signature, the attorney certifies that they conducted an inquiry reasonable under the circumstances. Delegating research or drafting to a clerk does not delegate the attorney's certification duty:
L038FindLaw Caselaw
L039
L040Sanctions Imposed: The signing attorney was ordered to pay opposing counsel's attorney fees, refund all fees billed to the client for the filing, and make a $1,000 donation to the legal aid foundation and Justice for All.
L041Good Journey Consulting
L042
L043Effect of Lack of Knowledge: While the attorney’s lack of intentional deception and prompt contrition spared them from a finding of bad faith or intentional misrepresentation under Utah Rule of Professional Conduct 3.3 (Candor Toward the Tribunal), it did not avert sanctions under Rule 40 for failure to perform a reasonable inquiry.
L044FindLaw Caselaw
L045
L046A legal news report on this proceeding and its implications for attorney oversight can be viewed in the Utah attorneys sanctioned after ChatGPT fabricates fake case law video. This broadcast discusses the Garner v. Kadince show-cause hearing and examines how state courts treat an attorney's duty to verify citations when subordinates use generative AI.

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Transcript SHA-256: f7c304ee159c7963be124a3b5c013034d833538b78a4f1a0f973e328ea5afe43