Massachusetts Appeals Court February 22, 2006, No. 04-P-1192 (Commonwealth v. Downey)

Berry, J.

These companion cases involve the extraordinary and legally portentous circumstance of two defense counsel for two defendant brothers on trial for murder in the first degree entering into an arrangement with the film company Lion Television Limited (Lion), in which, without the consent of their clients, the lawyers undertook to wear concealed microphones tied to recording devices during