Off The Record - Now!

[Phyllis J. Stinson]

If either attorney from either side says, "Off the record," and there is no objection by opposing counsel at that time, I go off the record. I've never had a problem in 37 years with this that I can remember. I know there has to be agreement by both sides to go off the record, but I feel it is safe to do so when there is no verbal objection by opposing counsel to do so at the time. Am I wrong about this? And.......sometimes they just start chitchatting with each other and I flat-out ask them, "Are we off the record?" Normally they will all chime in about not putting that on the record. I feel we have to use some common sense is these situations.

[Phyllis J. Stinson]

I was trying to add a reply to Jeanese's blog about Off the Record, but I guess it started a whole new one!

[Phyllis J. Stinson]

I feel for you. It sounds like the lady attorney is grandstanding, full of herself, and trying to antagonize. When they do that, it makes our job extremely difficult, if not impossible at times. Unfortunately, those kind of jobs seems to be the most lucrative for us because they can really rack up the pages for the reporter in a situation like that. I don't envy you your predicament and wish you the best. Hope this chitchat helps you calm them all down. Life's too short for us to have to put up with much of that. You know what? That kind of hyperactivity is also very, very contagious, so don't forget to slow down (calm your own nerves) and catch up. Good luck.

[Mary Ann Payonk]

Hi, Kelli. I've had the same experience with attys getting mad that the reporter would DARE question their authority to go off the record. And a woman atty is going to be even more offended because, well, she's a she and the other side was probably a he ... some women attys just come in with that chip in their shoulder. To Phyllis, I actually believe in using some common sense while writing and go along with that suggestion. Someone starts talking about their kids are starting school, taking the SATs, asking about another atty's health, apologizing because he slept with his hand in the crib last night to keep the new baby quiet ... after about 10 words, I just stop writing that stuff. I'll hold my hands up or something if I'm a little unsure, but nobody wants that on the record. (Funny, though ... when I worked in Richmond several years ago with multiple attys in a case, there were a couple of new dads in the group, and 2 of them had a laugh when they discovered they both slept with their hand in the crib the night before!)

M.A.

[Rosalie DeLeonardis]

I was told when the noticing attorney does not have a question pending and wants to go off record, you don't need to ask other attorney, and usually there is not objection. Having said that, it did happen one time where noticing attorney said off record, opposing attorney said absolutely nothing until about one minute later, then says to me "Don't I have to agree before you go off record?" I explained to him the above rule I follow, no question pending, no need to ask, but of course in a different way.

[George Libbares, CLVS]

Usually there's no objection from opposing counsel and I just make the Off Record Announcement for the video record. If there is a dispute, then the rule is to keep shooting and making a record until we are officially off the record. There have been times when an attorney and his witness have left the room and I just record an unoccupied witness chair until the examining attorney then officially takes us off the record.