Hickman v. Taylor

329 U.S. 495 (1947)

Facts:

  • The JM Taylor tugboat sank as it was towing a car float across the Delaware River.
  • 5 of the 9 crew members drowned
  • Fortenbaugh was an attorney for the tug boat owners

Procedural History:

  • One of the interrogatories filed by petitioner asked for exact copies of all documents pertaining to interviews with the survivors.
  • Fortenbaugh refuses to hand over his files.
  • He was not asked expressly to hand in the statements during the deposition
  • District court held that requested matters were not privileged

Issue:

Whether an attorney is required to hand over their private files and mental impressions to opposing counsel during discovery under Rule 26.

Holding:

An attorney is NOT required to hand over their private files and mental impressions to opposing counsel during discovery under Rule 26.

Rule:

The work product of an attorney is not discoverable under Rule 26 because lawyers have a right to keep their ideas and files private.

Rule(s) of Law:

Rule 26 (b); limitations on discovery for irrelevance or encroachment upon recognized privilege domains.

Privilege does not extend to information secured by an attorney while acting for client in anticipation of litigation.