Gemini said

A 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.   
Bar Opinions, Court Orders, and Sanctions Cases on Lawyer AI Use
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Key Decision: Garner v. Kadince, Inc.

Full Citation: Garner v. Kadince, Inc., 2025 UT App 80, 571 P.3d 812 (per curiam).   
Utah State Bar

Relevant Holdings & Supporting Quotes

The Duty of Independent Verification:

"However, we emphasize that every attorney has an ongoing duty to review and ensure the accuracy of their court filings."

— Garner, 2025 UT App 80, ¶ 8, 571 P.3d at 815.

The Gatekeeping Obligation:

"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."

— Garner, 2025 UT App 80, ¶ 8, 571 P.3d at 815.

Abuse of the Judicial System Regardless of Contrition:

"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."   

— Garner, 2025 UT App 80, ¶ 12, 571 P.3d at 816.

Context and Application to Subordinate Delegation

In 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.   
Stone River Law

The 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:   
FindLaw Caselaw

Sanctions 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.   
Good Journey Consulting

Effect 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.   
FindLaw Caselaw

A 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.