Reetz v. Kinsman Marine Transit Co

In Reetz v. Kinsman Marine Transit Co, 416 Mich. 97, 102-103, 330 N.W.2d 638 (1982), the Supreme Court of Michigan provided the following means for analyzing a claim of attorney misconduct: When reviewing an appeal asserting improper conduct of an attorney, the appellate court should first determine whether or not the claimed error was in fact error and, if so, whether it was harmless. If the claimed error was not harmless, the court must then ask if the error was properly preserved by objection and request for instruction or motion for mistrial. If the error is so preserved, then there is a right to appellate review; if not, the court must still make one further inquiry. It must decide whether a new trial should nevertheless be ordered because what occurred may have caused the result or played too large a part and may have denied a party a fair trial. If the court cannot say that the result was not affected, then a new trial may be granted.