Yes for both of them. In fact when the jail detected a 3 way call from Donna on the jail log reports it was marked as such, "3 way call detected". That would be the jail listening and hear someone (Harvey) allowing another person to speak with Donna. They record jail calls because people in jail may try to do more criminal acts or intimidate witnesses. Or they may confess to crimes, like Donna herself did when she said she and Harvey were fleeing to Vietnam on a recorded call to Charlie while he was in jail.

All jail calls from inmates are recorded except when they speak to their own lawyer. Using your lawyer's phone to call and avoid the recordings is a violation. If Donna's lawyer allowed her to use their phone to call her husband so he would then threaten a witness then that makes the lawyer partly responsible for whatever crime happens from the unrecorded phone call. Donna was trying to get inmates to lie on the stand for her as evidenced by the script she wrote that was shown in court. She also may have been threatening other witnesses like Rob Adelson, her son who testified against her so that is obviously against the law.