Editor's note: After this story was posted, MTV News was informed by Lohan's spokesperson that the actress' legal counsel remains longtime attorney Shawn Holley and that any reports of her being represented by Mark Heller are inaccurate. MTV News has attempted to reach both Holley and Heller for clarification but had not reached them at press time.
Lindsay Lohan may have legal troubles on both coasts and dwindling career options, but according to her lawyer, the one problem she does not have is substance abuse.
Following Lohan's arrest early Thursday morning on third-degree assault charges following a scuffle with another woman at a New York lounge, lawyer Mark Heller told E! News that the five-time rehab veteran was not drinking or doing drugs before she allegedly yelled at and punched a woman in the face following a disagreement at the Avenue lounge in Manhattan.
"I can tell you when I was with her this morning, she was in great condition," Heller said of Lohan, 26, on Thursday following her release from custody in the case. Heller said the "Liz & Dick" actress was acting "perfectly appropriate" and was clear-headed when police charged her in the case. He did note, however, that he did not ask Lohan if she had been drinking or doing drugs at any point in the evening. "It wasn't even brought up," he said.
"She was certainly not intoxicated, certainly not under the influence of drugs. She was clear [and] lucid, her eyes were clear," said Heller. "No alcohol involvement whatsoever on this occasion." Lohan will be arraigned in the case on January 7, but Heller is hoping it doesn't even make it to court.
"We are going to be working very earnestly to establish that no charges should even be lodged," he told E!. "[The police] have already made arrangements to get the video from the ... club, which hopefully will reveal some exonerating information. After that, they could just walk away from the case and decline to even prosecute."
A slightly different story emerged from a chat the alleged victim in the case had with TMZ, however. The woman, a well-known Florida psychic, said she offered to give Lohan a free reading, which the actress turned down.
After Lohan allegedly insulted the woman, the psychic's friend fired back at Lindsay, at which point the actress allegedly struck the woman. The site also quoted unnamed sources close to Lohan saying that she has been drinking heavily lately and had been doing so on the day and night of the brawl.
Still unconfirmed are reports that Lohan and the woman got into it after both were vying for the affections of the Wanted's Max George in the wind-up to the scuffle.