S & A Painting Co. v. O.W.B. Corp.

At his deposition in a breach-of-contract suit against O.W.B. Corp. and Transamerica Insurance (defendants), S & A Painting's president Frangopoulos referred to portions of handwritten notes -- prepared at his attorney's request -- to refresh his memory. The defendants moved under Federal Rule of Evidence 612 to compel production of all of Frangopoulos's notes, including portions he never actually looked at during the deposition, and S & A argued attorney-client privilege protected the notes.