I can kind of sympathize with Britney Spears’ lawyer—apparently it’s not necessary to represent oneself to have a fool for a client—and I guess I can’t really blame him for trying to spin this even though, as he says, the order in question was handed down before he boarded the leaky rowboat that is Spears’ defense (or whatever you call it in family court).
Trope says another reason behind the judge’s temporary custody ruling “was a claim by Mr. Federline’s attorney that she had not complied with a previous order the court had made—before I came on board (as lawyer)—about having a random drug and alcohol test.”
Trope adds: “There’s no evidence that she actually failed a test.”
However, the courts see the failure to take a test as the same thing as not passing the test.
Back when I was in school, it was generally pretty clear that you couldn’t pass a test if you didn’t take the test.
Again, it’s this poor sap’s job to try to put a positive less negative face on the whole thing, but I think most people understand that the court didn’t order Britney to “not fail” a drug test.