Does Alice have to expressly announce if she or friends or family
would be recording and obtain therein the implied or an express
consent due to a covenant of good faith duty or since they don’t have
a contractual relationship, and Bob acts out of a statutory right of
Alice imposing in particular a duty on Bob, she has no such duty?
Alice and her counsel have some reciprocal duties. The duty of good faith and fair dealing, while in principle applicable to any contractual relationship, is not a good framework in which to analyze those duties.
It is more fruitful to consider this specialized situation as a relationship arising at law which is not predominantly contractual in character. It is an attorney-client relationship primarily, not a contractual one, particularly in the case of appointed counsel who is not voluntarily selected or paid by the client.
There are rules of professional conduct that specifically govern the allocation of responsibilities between an attorney and a client, some of which are particular to criminal defense clients and their attorneys. These rules of professional conduct would be controlling, not the duty of good faith and fair dealing.
Further, it bears noting that the proposed arrangement would result in a forfeiture of the attorney-client privilege which is not a condition that any reasonable attorney engaged in a criminal defense case would agree to allow, for the client's own good.
The main rules of professional conduct that are applicable (all U.S. jurisdictions use the same numbering system for their rules of professional conduct although not all of them are identical in content) are Rule 1.2 (Scope of Representation and Allocation of Authority Between Client and Lawyer), Rule 1.4 (Communications), and Rule 1.6 (Confidentiality of Information). Of these Rule 1.2 is most important. It states:
[A] lawyer shall abide by a client's decisions concerning the
objectives of representation and, as required by Rule 1.4, shall
consult with the client as to the means by which they are to be
pursued. A lawyer may take such action on behalf of the client as is
impliedly authorized to carry out the representation. A lawyer shall
abide by a client's decision whether to settle a matter. In a criminal
case, the lawyer shall abide by the client's decision, after
consultation with the lawyer, as to a plea to be entered, whether to
waive jury trial and whether the client will testify.
It also prohibits a lawyer from allowing his or her services to be used in furtherance of an ongoing crime or fraud.
Rule 1.4 provides that:
(a) A lawyer shall:
(1) promptly inform the client of any decision or circumstance with
respect to which the client's informed consent, as defined in Rule
1.0(e), is required by these Rules;
(2) reasonably consult with the client about the means by which the
client's objectives are to be accomplished;
(3) keep the client reasonably informed about the status of the
(4) promptly comply with reasonable requests for information; and
(5) consult with the client about any relevant limitation on the
lawyer's conduct when the lawyer knows that the client expects
assistance not permitted by the Rules of Professional Conduct or other
(b) A lawyer shall explain a matter to the extent reasonably necessary
to permit the client to make informed decisions regarding the
Rule 3.1 (Meritorious Claims & Contentions), Rule 3.3 (Candor Towards The Tribunal) and Rule 3.4 (Fairness to Opposing Party & Counsel) would also often be pertinent (as this defines what communications an attorney can and cannot have with others ethically, primarily prohibiting an attorney from knowingly using false testimony or faked evidence).
There is some variation from state to state in the exact details of these rules, but the general thrust and the general scheme of organization is the same.
In a nutshell, the clients has a responsibility to determine ends, and the lawyer is charged with deciding means, although in practice, it can get more complicated than that when the ends and the means are intertwined. The main exceptions in criminal cases to this division of labor are the means involved in electing a jury trial and choosing to have the client testify as a witness.
A lawyer could reasonably insist, as a condition of ongoing representation by the lawyer of the client, that communications between lawyer and client not have someone else listening in.