Hickman v. Taylor

Hickman v. Taylor, 329 U.S. 495 (1947), is a seminal United States Supreme Court case in which the Court recognized the work-product doctrine, which holds that information obtained or produced by or for attorneys in anticipation of litigation may be protected from discovery under the Federal Rules of Civil Procedure. The Court's decision in the case was unanimous. Parties Plaintiff/Petitioner Hickman, representative of one of five deceased employees on the John M. Taylor tugboat, owned and operated by Defendant. Abraham E. Freedman, attorney for Petitioner. Defendant Taylor & Anderson Towing & Lighterage Co., et al., company owning tugboat in question. Respondent William I. Radner, of Washington, D.C., and Samuel B. Fortenbaugh, Jr., of Philadelphia, Pa., for the defendants. Background State of law Federal Rule of Civil Procedure 26, a relatively recent innovation at the time this case was originally filed, granted mandatory discovery of certain documents and materials when requested. (The modern Rule 26(b)(3), protecting trial preparation materials, did not become effective until 1970.)