Hickman v. Taylor
United States Supreme Court
329 U.S. 495 (1947)
After the tugboat J.M. Taylor (defendant) sank while towing a car float, killing five crew members, the owners' attorney Fortenbaugh privately interviewed survivors and other witnesses and memorialized his findings while preparing potential defenses and claims. Only one deceased crew member's estate, represented by Hickman (plaintiff), sued the tugboat owners and railroad under the Jones Act; Hickman's counsel then demanded exact copies of Fortenbaugh's written statements and oral summaries, and Fortenbaugh refused on privilege grounds. The district court ordered him to comply, and Taylor appealed.
Whether opposing counsel must demonstrate necessity, justification, or undue prejudice to obtain access to an attorney's written statements, private memoranda, and personal recollections prepared in anticipation of litigation.