LOS ANGELES (CBS) — An attorney representing a former client of lawyer Shawn Chapman Holley said Friday he will file an amended malpractice suit next week against the woman who is currently representing Lindsay Lohan.

Los Angeles Superior Court Judge Luis Lavin ruled Feb. 3 that there were insufficient details in portions of Heather Hillier’s complaint against Holley and the law firm where she works, Kinsella, Weitzman, Iser, Kump & Aldisert.

He granted 10 days to file a revised suit with more facts supporting Hillier’s allegations of negligent misrepresentation and constructive fraud.

Lavin also rejected Hillier’s claims for punitive damages for now, saying she must explain her allegations that Holley intentionally did something that resulted in the woman’s probation being revoked.

Hillier’s attorney, Michael J. Gulden, said the updated complaint to be filed Monday will shore up any deficiencies in the original suit.

Holley and the law firm, denying any wrongdoing, say Hillier filed her complaint just days after they sued her last May for about $25,000 in allegedly unpaid bills.

Hillier says Holley and the firm represented her in criminal and civil litigation related to an alcohol-related traffic crash in which Hillier injured another motorist. The criminal action was resolved in 2008 with Hillier having to serve no jail time, but with an order to pay restitution.

(©2011 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)

Comments (5)
  1. dave t says:

    Wait- Your headline suggests that Holley is ACTUALLY in legal trouble. That is literally the headline. But the story you wrote is about someone re-filing a malpractice suit, which was THROWN OUT because of insufficient details. So 1. Holley isn’t actually in legal trouble. 2. it seems very questionable whether there is any merit to the malpractice suit which HASN”T been filed because it doesn’t, at this point, hold water. WOW, the standards of journalism have fallen so low that headlines now say the EXACT OPPOSITE of what actually happened.

  2. RM says:

    Internet journalism has been sinking to the likes of the National Enquirer for quite some time now.

  3. Gerry says:

    Whoever wrote that headline should be fired for outright misrepresentation of the facts. Former clients sue lawyers all the time. In this case the defendants demurred to file an answer, pointing out legal insufficiencies in the original complaint. The judge agreed and gave 10 days to amend and refile. This is a routine procedure. It doesn’t mean the amended complaint will prevail, nor does it mean the amended complaint won’t prevail. It just means the original complaint as filed failed, in the judge’s view, to state facts sufficient to constitute a cause of action. The defending law firm is hardly in “legal trouble” – what nonsense! Their malpractice insurance company lawyers will most likely handle the suit anyway — not the firm itself.

  4. Juciy Basher says:

    Are college students having fun yet??????? I feel sorry for the fed ups.

  5. Karen Caffee says:

    There should be reprimands for the author of this story as well as the person approving the posting of it. Sensationalizing and misrepresenting the facts to cash in on association with Lindsay Lohan? Your parents and journalism professors should be mortified!

Leave a Reply

Please log in using one of these methods to post your comment:

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

More From CBS Los Angeles

Weather Team
Goldstein Tipline

Watch & Listen LIVE