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Not sure if my caption makes sense. But the presiding Judge Stated something about continuance date...blah,blah,blah, and I quote "off the record." Attorney for the people then states, "Your Honor, just some housekeeping I'd like to go over w/you" Judge never states to go back on record. After about three minutes with this "housekeeping" the Judge glances at me and says he wants it on the record. He is sincere when he apologizes and we go back on the record. I have the audio and am ready to make it a transcript. What's the proper way to go about this? I am pretty sure leave everything out until he says go back on the record. Also, shouldn't I tell the firm I work with about it and see what their protocol is? Any guidance is appreciated, as usual.
If he was off the record, he's off the record. It's not your fault he didn't go back on the record. I always put my hands up in the air when I think someone is saying something important just in case. If he wanted it on the record when he knew you were off, it's his responsibility to repeat it. You have the audio that shows he said "off the record." Doesn't get any more simple than that.
I really don't think there is a reason to even say anything to your firm. Pretty black and white to me. You want it on the record, put it "on the record." I would have even said, "Your Honor, we were off the record. Can you please repeat what it is you want on the record?"
This is exactly what I do. I tell them I wasn't on the record and to please repeat what you want on the record. Generally they do repeat it and then they ask the other side if this is what was said and agreed on.