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Mark Vincent Kaplan said police and emergency service staff who attended the singer's home during a custody row on January 3 will testify in private today.
He told The Associated Press that he did not know if Spears would attend, although he added: "You can't phone this one in."
Kaplan explained that court orders granting sole custody to Federline following the dispute had been a temporary measure, saying: "These are very, very draconian orders. Because of that the court wanted to have a hearing to give her and her attorneys the opportunity to refute some of the declarations.
"No judge likes making orders terminating a person's involvement with their kids."
Experts believe the hearing provides Spears' only hope of regaining visiting rights to her children ahead of a custody trial in April.
She reportedly threatened to commit suicide last week over fears her parents will seek a court order forcing her into a mental hospital.
