Michael Lowry (Partner-Las Vegas) was retained by an alliance of neuropsychological governing boards and trade associations to file an amicus brief on their behalf in a case pending before the Supreme Court of Nevada. The case is significant for neuropsychologists because the district court ruled that the neuropsychological examination had to be audio recorded. Repeated neuropsychological studies have shown that any recording of such an examination invalidates the data gathered and defeats the purpose of its being conducted. Further, various neuropsychological associations have published ethical guidance expressly counseling against allowing audio recording. The groups involved with this amicus brief are concerned that if an audio recording of the examination is permitted, it could severely limit or perhaps even eliminate the ability of neuropsychologists to provide testing for litigants.
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