“We discussed several issues, including Britney’s drug use, her nudity and her ability to drive with her children,” Allred tells In Touch.

Allred says Barretto’s two-hour deposition was in preparation for her client to testify in the Spears-Federline matter when it goes to trial.

“If she were my client, I’d have her in check and she’d be at court on time,” Allred says.

On Wednesday, Britney arrived to court and went inside the building, only to turn around and leave minutes later. The pop diva never made it inside to face the commissioner.

But she is making progress. On January 14, Britney drove to the front of the courthouse and said she was scared and immediately took off.

“She has to be a part of this case,” Allred says. Despite not legally having to be present for these hearings, insiders say Britney has shown no interest in regaining any custody of her children. “She’s in the black hole,” Allred says. “The worst possible position.”

But there is some good news for Britney: While her attorneys from the firm of Trope & Trope had filed a request on January 2 to be excused from the case, they are now sticking with Brit. The next hearing date is scheduled for February 4.