A lawsuit by the trust for a writer-director that alleged an entertainment lawyer inappropriately obtained rights to the “9 to 5” stage musical was dismissed Thursday by a judge.

Los Angeles Superior Court Judge Michael C. Solner said there were no triable issues in the suit against attorney Barry L. Hirsch by Colin Higgins Productions Ltd.

Colin Higgins died of AIDS at age 47. His most noted screenplay was for “Harold and Maude.” He also directed “The Best Little Whorehouse in Texas” and “Foul Play.”

The suit alleged Hirsch failed to obtain Higgins’ rights to a live stage show from the original screenwriter, Patricia Resnick. The suit also alleged the trust was not advised in 2006 that the firm was representing Resnick at the time she was writing the book for “9 to 5: The Musical.”
Hirsch’s lawyer, Douglas W. Sullivan, said he was pleased with the decision.

“Mr. Hirsch is a wonderful, wonderful man and I'm proud to represent him,” Sullivan said. “If Mr. Higgins were still alive, none of this would have happened.”

The trust brought suit in January 2008 against Hirsch and his law firm, alleging the lawyer committed legal malpractice and put his interests above those of his client.

Higgins signed a contract with Fox to rewrite Resnick’s “9 to 5” movie screenplay in 1979. Higgins also directed the film, which featured the hit song by the same name that was written and performed by Dolly Parton.

When the trustee asked how such a musical could be contemplated without the approval of Higgins Productions, Hirsch allegedly replied, “It may not be ethical, but it is legal.”

Sullivan maintained that the opportunity for the trust to sue expired in the early 1980s.

Lawyers for the trust countered that the trust did not receive a copy of the original writer deal until June 2008, when it was obtained from Fox. It was only then that the trust discovered that Hirsch’s firm represented Resnick on the “9 to 5” musical and promptly severed its dealings with Hirsch’s firm over the work, according to the suit.

Attorneys for the trust later discovered that Hirsch never properly secured Higgins’ stage rights from Resnick. However, Sullivan argued Higgins did not commit malpractice because Higgins never told Hirsch he wanted to develop a live version of “9 to 5.”