Shawn Chapman Holley: Attorney Misfeasance?

The TBT carried a notice of the sentencing for Lindsey Lohan in her probation violation case. Yeah, ho-hum, but what caught my attention was this paragraph:

Defense attorney Shawn Chapman Holley argued that Lohan was “absolutely on track to finish the program” and had complied with most of the court’s orders. She also said no one had made clear to LiLo what she had to do to satisfy the requirements of her class. Telling her to be in one place at a certain time just isn’t specific enough for her, we’re guessing.

(Emphasis added.)

I’m not sure what transpired in court when Shawn Chapman Holley spoke whatever it was that came to be reported above, but if that is accurate, I wonder whether Holley was confessing to being incompetent counsel for Lohan. I would have expected that the next thing said by the judge would have been an offer to send to pair off to jail, the one for flagrant probation violation, and the other for contempt of court. What the heck is Lohan paying Holley for other than to be advised about what all that legal mumbo-jumbo actually means, and what she needs to do to minimize further legal trouble? It isn’t like this outcome wasn’t foreshadowed in any number of previous events concerning lack of compliance with the terms of Lohan’s probation with respect to her class attendance record.

In an ideal world, the transcript would read something like the following:

Attorney Holley: Your honor, please take into consideration the fact that no one has made clear to my client what she had to do to satisfy the requirements of her class.

Judge Revel: Why do I need to take into consideration the fact that you are not doing your job? Ms. Lohan, I would look favorably on a motion for change of counsel.

Unfortunately, this world doesn’t approach the ideal, and the above remains fiction. It is a commonplace tragedy that a young person favored by fortune would self-destruct as Lohan is doing now. It is more remarkable that an attorney would announce in public that her regard for her client is so small that she would begrudge the minute it would take to say, “The classes meet weekly at fixed times, and you must attend every single time in order to satisfy the terms of your probation,” at some time when it could have made a difference.

Somebody please tell me that the reporter got it wrong instead.

Wesley R. Elsberry

Falconer. Interdisciplinary researcher: biology and computer science. Data scientist in real estate and econometrics. Blogger. Speaker. Photographer. Husband. Christian. Activist.

3 thoughts on “Shawn Chapman Holley: Attorney Misfeasance?

  • 2010/07/09 at 11:57 am

    This is what R. Kelly Hamilton, John Freshwater’s attorney, swore in an affidavit for one of the federal court cases under way in Ohio:

    Affiant [Hamilton] attests that communicating with John Freshwater can be challenging or even frustrating and a questioner must ask John Freshwater very precise questions and give John Freshwater time to think about his answer.

    So it’s not a unique attitude on the part of Lohan’s attorney.

  • 2010/07/09 at 5:10 pm

    Well, if what Holley actually said was something to the effect that no one had been able to make it clear to Lohan what the terms of her probation meant concerning class attendance, that would line up with Hamilton’s experience with Freshwater. As reported, though, it makes it sound like nobody had even tried to say something useful to Lohan.

  • 2010/07/14 at 3:56 pm

    Actually have to give a person some time to think about a question? What’s the world coming to? I’m a busy man!

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