⚖ Oral Arguments, with Context

The Fifth Circuit hears Sydney Petite's appeal in a malpractice suit against lawyers who handled her divorce and child-custody case. She alleges that her former husband abused her, and that these lawyers knew about the abuse but never told her she could bring a separate civil claim for damages. She says the filing deadline passed while they represented her, costing her that opportunity. She then sued the lawyers and their firms. The district judge dismissed her case on summary judgment, finding that she had not supplied the expert evidence needed to establish professional negligence. Such experts help explain what a reasonably careful lawyer should do in the circumstances. Louisiana law recognizes an exception for mistakes so obvious that a lay jury can recognize them without expert help. Petite's lawyer will argue that failing to mention the separate abuse claim fits that exception. The defense will answer that they were hired to handle divorce and custody work, not every possible lawsuit. Listen for how the scope of representation affects both the duty to advise and the need for an expert. You'll also hear about certification: asking Louisiana's highest court to answer a question of state law.

Petite v. Lowe (No. 26-30087) — U.S. Court of Appeals for the Fifth Circuit, argued November 3, 2026.