A jury verdict may be set aside for counsel's misconduct even where the verdict was explicable on the evidence and the aggrieved party's counsel failed to object at trial, provided the appellate court is satisfied there is a real likelihood that the misconduct had a prejudicial effect on the jury. The conclusion that a trial was unfair does not depend on showing the disadvantaged party was likely to have succeeded absent the misconduct. An unfounded allegation of fraud or serious misconduct against a party or witness constitutes a serious breach of counsel's paramount duty to the court. An appellant who failed to object below bears a heavy burden but is not foreclosed from relief.
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