A jury completely free of misconduct is the exception, not the rule. When a trial's outcome is less than desirable, a jury misconduct investigation may uncover evidence that can reverse a negative result.

In civil cases, PII has found that jurors can engage in misconduct in a number of different ways. For example, a juror, who was a 9th Circuit law clerk in her professional life, advised other jurors on legal questions. In an auto accident case, a juror made timed measurements at the crash scene.

When conducting a jury investigation, PII investigators become familiar with case facts, contact jurors, discuss their experiences during the trial, and secure declarations, as appropriate. Juror affidavits obtained by PII have been instrumental in getting new trials and in assisting with favorable post-trial settlements.

The Los Angeles Police Department was sued by the family of a man who had died in custody after police had hog-tied him following a drug-induced rampage. The jury awarded a multi-million-dollar judgment to the plaintiffs. The Los Angeles City Attorney’s office retained PII to investigate the jury’s conduct. PII learned that three of the jurors had conducted re-enactments at home, having their spouses hog-tie them to experience this position first-hand. PII’s investigation assisted the City Attorney in negotiating a more favorable settlement of the matter.