The Eighth Circuit’s Bankruptcy Appellate Panel today overturned the bankruptcy equivalent of Rule 11 sanctions against a lawyer for taking "inconsistent" positions on behalf of his clients.  The BAP noted:

Advancing different legal theories that might result in an inequitable result should not subject an attorney to sanctions when one of those arguments fails to carry the day.  An attorney’s ethical obligation is to represent his or her clients vigorously and zealously, which Mr. Oliver did in this case.

In re Thayer (Am. Residential Mortgage, LP v.Thayer), No. 07-6045 (8th Cir. BAP Mar. 31, 2008).

Feedicon Well, duh.