[erinp5]

Lindsay Lohan did not show up in court today for a hearing involving her altercation at a NYC nightclub in which she allegedly punched a Palm Beach psychic, and Lohan's lawyer doubts that the case against her will proceed.

Attorney Mark Jay Heller told reporters the 26-year-old "Liz & Dick" actress "never made any physical contact with the alleged victim," Tiffany Ava Mitchell, who he said was trying to read Lohan's fortune at the time of the incident.

"From my understanding, Lindsay was being approached by a fortune teller who sought to provide a reading to her and she politely said 'I don't want to participate' and declined," Heller said. "You would think if [Mitchell] was a fortune teller, she would have been able to see this happening in advance. But obviously her skills weren't that honed."

Heller said that after Lohan asked to be left alone, "other individuals became very aggressive. Lindsay Lohan did not commit any crime, she did not assault anyone, all she did is verbally request her privacy."

Heller said Lohan will only appear in court when there is an accusatory document, which has not yet been filed. He signed required paperwork in her behalf today.

The Manhattan District Attorney's Office said the investigation into the case is continuing