Automated Summary
Key Facts
Matthew Garner's counsel, Douglas M. Durbano and Richard A. Bednar, used AI-generated fake legal citations in a petition for interlocutory appeal. The court found this violated Utah Rule of Appellate Procedure 40, which requires legal contentions to be based on existing law. The AI-generated cases, such as 'Royer v. Nelson,' did not exist and were identified by respondents' counsel. As a result, the court imposed sanctions including payment of respondents' attorney fees, a refund to Garner, and a $1,000 donation to 'and Justice for all' from Bednar.
Issues
- The court addressed whether the use of AI to create fake legal citations in a petition for interlocutory appeal violated rule 40 of the Utah Rules of Appellate Procedure, which requires legal contentions to be warranted by existing law. It found that the attorneys violated the rule by submitting a petition with hallucinated cases.
- The court evaluated the appropriate sanctions under rule 40(c) for the violation, considering the attorneys' acceptance of responsibility. It ordered payment of opposing counsel's fees, refund of charges to the client, and a donation to 'and Justice for all' as sanctions.
Holdings
- The court found that Petitioner's counsel violated Utah Rule of Appellate Procedure 40 by submitting a petition containing fabricated legal authority generated by ChatGPT. Sanctions were imposed, including payment of Respondents' attorney fees for addressing the petition and OSC hearing, a refund of all fees charged to Petitioner for the filing, and a $1,000 donation to 'and Justice for All' by Mr. Bednar.
- Petitioner's counsel was required to refund all fees paid to them for the filing of the petition or related work within seven days of the court's order, acknowledging the harm caused by their misuse of AI in legal filings.
- Mr. Bednar was mandated to pay $1,000 to 'and Justice for All' within fourteen days as part of disciplinary sanctions for his failure to verify AI-generated legal content in the petition.
Remedies
- Petitioner's counsel must refund to Petitioner all fees charged and paid for the filing of the Petition or related to it within seven days of the order's date. This ensures Petitioner is not financially liable for the erroneous filing.
- Mr. Bednar is required to pay the attorney fees of Respondents for the time spent responding to the Petition and attending the OSC hearing. This includes fees for researching the citations and participating in the hearing.
- Mr. Bednar is ordered to pay $1,000 as a donation to 'and Justice for all' within 14 days of the order's date. He must also submit proof of this payment to the court.
Legal Principles
The court applied Utah Rule of Appellate Procedure 40, emphasizing that attorneys must ensure the accuracy of legal contentions in filings. A signature on a pleading certifies that legal arguments are supported by existing law, and failure to verify AI-generated citations constitutes a violation of this rule.
Precedent Name
- Mata v. Avianca, Inc.
- United States v. Hayes
- Royer v. Nelson
- Wadsworth v. Walmart Inc.
Cited Statute
Utah Rules of Appellate Procedure
Judge Name
- Gregory K. Orme
- Amy J. Oliver
- Michele M. Christiansen Forster
Passage Text
- the signature of an attorney . . . certifies that to the best of the person's knowledge formed after an inquiry reasonable under the circumstances . . . the legal contentions are warranted by existing law.
- A fake opinion is not 'existing law' and citation to a fake opinion does not provide a non-frivolous ground for extending, modifying, or reversing existing law, or for establishing new law.
- Our system of justice must be able to rely on attorneys complying with their duty of candor to the court.