Attorney Mark Jay Heller spoke after signing paperwork at the courthouse Monday.
Office of Court Administration spokesman David Bookstaver confirmed that a criminal complaint has not been drawn up at this time. The district attorney's office said only that the investigation is continuing.
Lohan was arrested on a charge of misdemeanor assault in the Nov. 29 incident at the club Avenue.
The "Mean Girls" and "Liz and Dick" star allegedly struck a woman in the face during an argument.
At the time of her arrest, her attorney, Heller said Lohan was "a victim of someone trying to capture their 15 minutes of fame."