Does Lindsay Lohan Need Robert Shapiro?

Attorney Robert Shapiro confirmed today he's now representing Lindsay Lohan. But, he says, he agreed to represent her only if she does her jail time and complies with her other probation terms, which includes a 3 month rehab stint after jail.

So what's Shapiro going to do for her?

Shapiro told The Associated Press on Friday he had agreed to represent Lohan only if she does her jail time and complies with the terms of her probation. He said he would help the actress get treatment to accomplish long-term recovery and sobriety.

"Ms. Lohan is suffering from a disease that I am all too familiar with," said Shapiro, whose son Brent died in 2005. "Hopefully I can be of assistance."

Sounds like he's going to be her drug counselor, not her lawyer. And how is this different than what Shawn Chapman Holley proposed? I can't imagine he's not going to try to at least postpone her jail sentence until she's out of her current rehab facility. If he's not, then why does she need a lawyer at this point at all?

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    Hmmm (none / 0) (#1)
    by squeaky on Fri Jul 16, 2010 at 08:26:34 PM EST
    Good point....  sounds more like a rescuer, with baggage, than a lawyer defending her.

    We'll see.

    That said, I am all for her recovery and avoiding jail time.

    What you say out of court (none / 0) (#2)
    by CoralGables on Fri Jul 16, 2010 at 08:47:52 PM EST
    and what you try to pull off in court aren't always the same thing.

    future plans (none / 0) (#3)
    by diogenes on Fri Jul 16, 2010 at 09:22:05 PM EST
    You have the lawyer and follow the court order now, and the high-powered lawyer tries to finesse you away from further jail time for occasional relapses and violations of probation in the future.

    Hopefully (none / 0) (#4)
    by Abdul Abulbul Amir on Fri Jul 16, 2010 at 10:35:15 PM EST

    Hopefully he is saving her life.

    It's NOT a rehab facility (none / 0) (#5)
    by gyrfalcon on Fri Jul 16, 2010 at 11:51:05 PM EST
    It's a "sober house."  There's no treatment program.  It's more like a halfway, or three-quarters-way house.  No drugs or alcohol alllowed and regular testing to enforce it, but there's no counseling, no treatment program.  Unlimited guests are allowed, as is TV and Internet access, etc., which are things that are hugely restricted, if not prohibited, in at least the initial weeks of a real rehab program.

    In Lohan's case, it sounds like it's serving as more of a halfway into jail house so she can ease into not having her substances freely available for a few days before she goes to actual jail.

    As for what Shapiro's function is for her if he's not trying to keep her out of jail, I dunno. Maybe it's just that she's willing to trust him and he's convinced her, temporarily at least, that she's got to confront her "issues" head-on instead of trying to talk her way out of them.

    so it's a place to go cold turkey (5.00 / 1) (#6)
    by Jeralyn on Sat Jul 17, 2010 at 02:36:23 AM EST
    and have nice accoutrements like flat screen tvs and state of the art kitchens so you don't go completely bonkers?

    She does need to clear up before jail because jail is no place to detox. But why can't he at least ask for a few week extension. 5 days doesn't sound long enough, and I think she would benefit from some counseling to help her deal with jail. She's reportedly scared of small spaces and being alone.


    Trying to go cold turkey (none / 0) (#14)
    by gyrfalcon on Sat Jul 17, 2010 at 01:36:29 PM EST
    in a place without a therapeutic support system and one in which you have total access to all your old friends and enablers and triggers for your addictions is a pretty hard row to hoe.

    Shapiro must have something in mind beyond to try for than four days in a sober house and then jail.


    Her mother said she was claustrophobic (none / 0) (#15)
    by Joan in VA on Sat Jul 17, 2010 at 01:48:04 PM EST
    but it just sounded like part of her mother's crazy LINDSAY WILL DIE IN JAIL mantra. Lindsay obviously has no problems in the confines of a car and a cell is more open than that. It's not the locked-in part but the punishment part that neither can accept. Her mother is just enabling her behavior as she always has. She needs help, too, and Lindsay won't change if she doesn't.

    I wouldn't discount it that easily... (5.00 / 0) (#28)
    by kdog on Sun Jul 18, 2010 at 10:34:03 AM EST
    I didn't think I had any claustrophobic tendencies till I got locked in a 6 x 8...it's a whole different ballgame than a car whose door you can open.  Whole different sport.  

    Yes, it refers to itself as a transitionary (none / 0) (#7)
    by Untold Story on Sat Jul 17, 2010 at 07:34:13 AM EST
    place - which means, to me, that someone already has gotten treatment, wants to stay somber, and one of these four luxuious lofts would be better than a half-way house.

    Just don't think and said yesterday, the judge isn't going to run with this type of rehab - it is not help LL.

    Also, suspicious of motive behind this help and wonder if it isn't simply marketing.

    This girl needs real help.  One of these days one of these VIPs will die in jail and only then will the wheels be set in motion to change this punishment for mentality ill, as in addiction.

    LL is forever being taken advantage of and realizes, imo, that she is being used.  No one cares for the real person that must be somewhere inside of her.

    Perhaps she doesn't have money - and if she doesn't, then she goes the way everyone goes that is not rich enough to fight the criminal system.


    I think Shapiro needs her more (none / 0) (#8)
    by scribe on Sat Jul 17, 2010 at 10:54:11 AM EST
    than she needs what he will bring.

    As a lawyer, I don't see what he can do for her other than maybe - just maybe and it's a longshot - get some delay in the date for her to report to jail by putting her into rehab.  I cannot see the judge backing off the jail sentence if only b/c of LL's knuckle-writing on display at sentencing.  If the judge backs down now, it makes the judge look weak and susceptible to celebrity pressure.  More likely, any attempt to get the judge to back down will result in dug-in judicial heels.  After all, equal protection/equal justice to rich and poor would require letting LL dry out in jail just like innumerable other un-famous schlubs do, too.  

    OTOH, Shapiro gets a lot of free publicity for himself for stepping in for LL, even if he knows (as I'd think he does) that he's not going to get anywhere with her case.  Seems like the last couple years the only times I've heard about him were his own late night TV ads for his DIY sorta-lawyering product, the name of which I've blessedly forgotten.  He's been living off OJ for 15 years now and that's pretty much a dessicated husk.  He needs a fresh source of ... whatever it is he lives on.

    So, as I see it, he stands to gain from this far more than LL does.

    Well said... (none / 0) (#9)
    by kdog on Sat Jul 17, 2010 at 11:53:37 AM EST
    it appears Lindsay doesn't want to go to a cage (who does?)...if Shapiro is gonna represent her he should do everything in his power to keep her outta that cage. Publicity is what he is after...not serving his client.

    If he wants to help her quit dope he can do that as a friend...no need to be her lawyer.


    But really, if you are her lawyer (none / 0) (#11)
    by Untold Story on Sat Jul 17, 2010 at 12:57:01 PM EST
    saying to the judge, 'now she is in MY half-way house so she will be fine, just want you to reduce or eliminate her jail sentence' -- wow -- how insulting to this judge's intelligence!  

    (Think they have pushed this judge pretty much over the edge between losing the passport, nail polished message, plus the I had to work so couldn't attend court appointed drug counselling!)

     -- no way this judge is going to think Shapiro is credible, imo!  

    Actually, imo, this is doing more harm to LL's case, if that is possible, than she had before Shapiro did her any favors (favors for himself seems more likely, imo).

    Actually he loses credibility all around, imo. He must be desperate for money to try pull off a stunt like this - just my opinion!


    Not saying... (5.00 / 0) (#12)
    by kdog on Sat Jul 17, 2010 at 01:19:45 PM EST
    any attempts to keep her out of a cage are gonna work...this is the long unforgiving arm of the law we're talking about here, and a judge who seems to be takin' it personal to boot.  She's getting locked up...I'd bet money on it.

    But if that's what the client wants, that's what they should get.  I would think it is unheard of for a defense lawyer to take a gig demanding their client serve their full nut...that's the prosecutors job.  


    Lohan will probably be groped in jail (none / 0) (#34)
    by MKS on Mon Jul 19, 2010 at 12:11:09 PM EST
    Women in prison get boyfriends......

    They supposedly have women guards....but not all the time everywhere....and women guards can be no picnic.

    Lohan will be a target.....

    And if she is segregated....then she is basically in solitary confinement...


    Shapiro putting her in "MY half-way (5.00 / 2) (#26)
    by scribe on Sun Jul 18, 2010 at 09:19:49 AM EST
    house" and positing that as an alternative to either jail or rehab is not only a bad idea all around, but also could be illegal.  It's definitely exceedingly treacherous, ethically speaking, if not outright unethical.

    In essence, putting her in a custodial setting in which the lawyer has an interest, be it a halfway house, rehab or whatever you might call it, is making the lawyer her bail-bondsman.  The lawyer is vouching for her being in a particular place at a particular time and (insofar as required by the court's judgment) doing particular things.  That means the lawyer is either her jailer (if she's in custody), her guardian/conservator (if she's not up to managing her own affairs),  or her bail-bondsman (guaranteeing her appearance).  The problem with each of those is that, to a greater or lesser degree, these positions and duties wind up putting the lawyer in a position of having to violate his duties to his client in order to fulfill his duties to the court which appointed him.

    To put it in perspective, suppose the lawyer is convinced there are good grounds for the jail sentence being illegal or otherwise susceptible to reversal on appeal.  If the lawyer keeps her in custody in his half-way house, he is conceding the argument that her sentence is illegal or reversible.  Not only that, but the lawyer is not doing the jailing for free. Someone is paying him for the privilege of holding his own client in custody, and he (like all private custodial facilities) is making some margin of profit on that payment.  So he stands to profit from holding his client in custody which he believes as a matter of law might be improper, and is getting paid by the client for fighting for the client to get that very jail time eliminated, reversed or at least reduced.  The lawyer winds up serving two (his profit interest and his client's interests) or three (profit, client and duties to the court) masters whose interests are in direct contradiction to each other.  This is a situation far worse than the ordinary representing-two-clients-at-the-same-time or in-succession kinds of conflict of interest.

    Something similar obtains if he's supposed to act, in essence, as her bail-bondsman.  A bail is supposed to guarantee the presence of the defendant by making the defendant liable to the court for a sum of money if the defendant skips.  The threat of lots of money going out is supposed to give the skip-prone defendant pause.  A bail-bondsman is, when all is said and done, an insurance company.  He writes a form of insurance - that the defendant will appear when and where commanded by the Court - in return for which the defendant pays him a premium.  The bondsman's interest (like any insurance company) is in not paying out the policy and he effects that interest by finding and bringing the recalcitrant defendant to court by any means necessary.   The lawyer who might act as bondsman winds up being in the position of being a guarantor of his client's behavior and giving up his client to the court and doing anything necessary to effect that, regardless of the client's interests, all in favor of the lawyer's pecuniary interests.  Again, ethically treacherous.

    Indeed, in some states, it's illegal for a lawyer to be a bail-bondsman or even to post bail for someone.


    Great post! (none / 0) (#29)
    by Untold Story on Sun Jul 18, 2010 at 05:31:22 PM EST
    pretty much what i was thinking. (none / 0) (#25)
    by cpinva on Sun Jul 18, 2010 at 06:00:35 AM EST
    So, as I see it, he stands to gain from this far more than LL does.

    young ms. lohan strikes me as your (now) typical, modestly talented, hollywood train wreck. she finally ran into a judge who isn't smitten by her "hollywoodness", and is laying down the law.

    mr. shapiro's possible viable legal strategies would appear limited, but his possible free publicity, enormous.


    Maybe Shapiro is just the latest (none / 0) (#13)
    by Joan in VA on Sat Jul 17, 2010 at 01:29:01 PM EST
    must-have accessory and we are just not trendy enough to know it. Lindsay always sports the latest handbags and jewelry in the mags, after all. He's about due for another 15 minutes since the OJ thing, isn't he? :)

    Wow (none / 0) (#16)
    by squeaky on Sat Jul 17, 2010 at 02:13:15 PM EST
    Another female on female Lohan bashing...  Wonder why it is mostly women who are at the forefront in bashing Lohan?

    odd, imo...


    that article could have been about (none / 0) (#17)
    by nycstray on Sat Jul 17, 2010 at 02:58:24 PM EST
    any celeb of the moment who's in her position. it's rather absurd (IMO) for her (or anyone) to be thinking of opening rehab houses when one is having trouble rehabbing . . . the various points made also speak to our vapid Hollywood instant celebs and famous for being famous culture.

    OK (none / 0) (#19)
    by squeaky on Sat Jul 17, 2010 at 03:42:24 PM EST
    What if Heath Ledger said the same thing?

    In the same position? (none / 0) (#21)
    by nycstray on Sat Jul 17, 2010 at 06:24:28 PM EST
    absurd still.

    Female on female? (none / 0) (#18)
    by Untold Story on Sat Jul 17, 2010 at 03:33:36 PM EST
    I'm female and have been in LL's corner from the get go!

    Don't think color should matter, don't think sex should matter - and religions do matter as they are the source of all evil - imo.  People can be spiritual, but that's strength from within, not dictatorships from the beginning of time.

    Just my opinion.  


    Good For You! (none / 0) (#20)
    by squeaky on Sat Jul 17, 2010 at 03:45:09 PM EST
    And I am not 100% sure, but it does appear that the nastiest digs Lohan is getting, are from women.

    Just wondering what that is about, and wondering if men in the same position get better treatment from the press and public... It would appear so, imo.


    Too many hate Lohan (none / 0) (#32)
    by MKS on Mon Jul 19, 2010 at 11:48:32 AM EST
    because she is young, attractive, rich and talented and is apparently throwing it all away.

    There is a certain amount of "she deserves it" sadism.   The tearing down of the rich, spoiled and beautiful.....Never mind that Lohan has not received any breaks from the judge--she is getting a harsher sentence than most.

    Remember her underlying crime is two non-injury DUIs in 2007.

    Laura Ingraham said that when she was suffering from cancer wathcing Jack Bauer torture someone on t.v. made her feel better.....


    alcohol (none / 0) (#22)
    by Lil on Sat Jul 17, 2010 at 08:23:00 PM EST
    I thought alcohol was her main drug of choice.

    She's also apparently taking (5.00 / 0) (#27)
    by gyrfalcon on Sun Jul 18, 2010 at 09:38:19 AM EST
    Dilaudid, Ambien, Trazadone and Adderall.

    Oh, and Nexium, given what all that stuff must be doing to her stomach.


    Some of this (none / 0) (#33)
    by MKS on Mon Jul 19, 2010 at 11:54:04 AM EST
    may be good for her to take.....Nexium and maybe Adderall....She needs a good doctor familiar with addiction issues....

    Jail doctors may mean well--but they do not have the support of a caring and attentive staff...but rather jail house guards who may think she is just faking and deserves it.


    Jeralyn, get Realty! (none / 0) (#23)
    by Gerald USN Ret on Sat Jul 17, 2010 at 08:43:07 PM EST
    Jeralyn, I have gathered that you watch a lot of Reality Shows.

    This is the Lindsay Lohan reality show.
    Watch me.  Watch me go nuts.  Follow me while I get more fame and more pictures in the media and have lots of fun!

    Oh well, Jail can be reality too.  I really will be famous then.  Look at how the media followed Martha and Paris while they were in jail.

    Everything just leads to the next big role.

    I see it now!!  "Lindsay Lohan, Queen of Cell Block 3."

    Hey do I smell a series??

    All she needs now is a dog or a kid to be barking or crying and giving her a farewell!

    And now we return to a more sober comment.
    These people are so messed up with the fame thing and being able to get away with most everything, that the line, between what is reality and what is fiction or fantasy, just kind of blurs.

    In all likelihood, you know (none / 0) (#35)
    by MKS on Mon Jul 19, 2010 at 12:17:13 PM EST
    someone who has it just as bad as Lohan.

    It is just not about Hollywood.  Drug and alcohol issues pervade every facet of society....


    read (none / 0) (#24)
    by NYShooter on Sat Jul 17, 2010 at 09:44:21 PM EST
    Bob Herbert's column to get a good idea as to the attention span of today's (primarily) young population. link

    You mean after all (none / 0) (#39)
    by jondee on Mon Jul 19, 2010 at 07:39:27 PM EST
    that Aderall and Ritalin they STILL have too-short attention spans?

    Maybe it's just that it's too painful to pay a lot of attention to the world their parents made. Nothing anyone can do about "genetic predispositions" to THAT reaction.


    poison (none / 0) (#40)
    by NYShooter on Mon Jul 19, 2010 at 10:42:07 PM EST
    comes in many packages.

    People die in jail (none / 0) (#30)
    by MKS on Mon Jul 19, 2010 at 11:40:32 AM EST
    Here and here are examples of women who died in jail--most likely from drug/detoxing issues.

    People are way too cavalier about jail--expecially for people with drug problems....

    The zeal of the convert (none / 0) (#31)
    by MKS on Mon Jul 19, 2010 at 11:41:59 AM EST
    can create much needless suffering....

    That was a little harsher than (none / 0) (#38)
    by MKS on Mon Jul 19, 2010 at 07:17:27 PM EST
    what was intended....

    Jail is not therapeutic....that's the idea here....


    Lohan's Dad Blasts Shapiro (none / 0) (#36)
    by squeaky on Mon Jul 19, 2010 at 12:23:17 PM EST
    Lindsay Lohan needs a court appeal, not just sober living.

    Her dad, Michael Lohan, spoke out about his starlet daughter Sunday, insisting that it's a conflict of interest that Lindsay checked into a sober living facility founded by her new lawyer, Robert Shapiro.

    Instead, he said his 24-year-old daughter really needs "a lot of prayers" and an attorney who will appeal her July 6 sentence from Judge Marsha Revel for three consecutive 30-day jail stints for violating probation for a pair of 2007 DUI busts....

    "Everyone knows that when you go into the jail or prison system, if you're on prescriptions written by a doctor, they give them to you in prison," he said, adding that jail won't help Lindsey unless she gets addiction treatment.

    "It's a continuous cycle. Here you are punishing a girl because she has a drug problem, or at least for things that resulted from a drug problem and not doing anything to fix it. I'm very upset that Robert Shapiro did nothing to appeal the case."


    Juicy Maters, no profanity here please (none / 0) (#37)
    by Jeralyn on Mon Jul 19, 2010 at 01:31:39 PM EST
    if you are going to comment, please follow the rules or your comment will be deleted