Retainer Bias: Ethical and Practical Considerations for the Forensic Neuropsychologist

Area of Science:

• Neuropsychology
• Forensic Psychology
• Cognitive Bias

Background:

• Disparities in forensic neuropsychological opinions and perceived substandard work suggest issues beyond competence.
• Professional conduct, specifically retainer bias, is explored as a significant factor influencing assessment outcomes.

Purpose of the Study:

• To define and discuss retainer bias in forensic neuropsychology.
• To identify contextual factors and problematic practices that increase the risk of retainer bias.
• To explore debiasing techniques and encourage research into opinion variability.

Main Methods:

• Conceptual analysis of retainer bias as a form of confirmatory bias.
• Discussion of intentional (explicit) and unintentional (implicit) bias.
• Use of hypothetical scenarios to illustrate risk factors and problematic practices.

Main Results:

• Retainer bias involves seeking, favoring, and interpreting data to support a predetermined hypothesis, often aligned with the retaining attorney's position.
• Factors such as accepting referrals from one side can inadvertently increase bias risk.
• Problematic practices may violate ethical principles and professional guidelines.

Conclusions:

• Retainer bias poses a significant ethical challenge in forensic neuropsychology, potentially compromising objectivity.
• Awareness of contextual factors and problematic practices is crucial for mitigation.
• Further research into retainer bias and other sources of opinion variability is needed.