Brooke's lawyer, Yale Galanter, tells TMZ his client is "OK, not great ... I'm still very concerned about her."
Galanter says Brooke still has fluid in her lungs from the pneumonia that landed her in the hospital last week.
Doctors have said Brooke cannot fly anywhere until the fluid in her lungs clears up. She's supposed to attend the hearing in Aspen on February 8.
Galanter acknowledges Brooke and Charlie cannot communicate with each other now that she is out of the hospital ... because of the protective order.