“Even if Chevron had very good strategic reasons not to raise the issue when it arose, is there not an argument for estoppel now? On the facts, in light of the El Universo case and the heavy-duty criticisms Chevron has made of the Correa government, is there really a reason to think that Chevron’s people are in less legal jeopardy now than they would have been had they published the allegations at the time?”

The answer is yes. Ecuador is not North Korea. The Correa government carries out its repression through a facade of legality. The El Universo libel prosecution and ensuing $40 million damages award would not have happened in the absence of statements in the newspaper’s coverage that provided at least a plausible pretext for Correa’s claim of libel. Likewise the Chevron attorney had no reason to fear a libel suit in 2009 unless he, too, supplied the government a pretext by publishing his uncorroborated affidavit accusing former judge Guerra of orally soliciting a bribe.

That does not exclude repression in other forms, such as economic repression. Some of Chevron’s Ecuadorian lawyers have been warned to advise their clients that if they hope to win cases before Ecuadorian courts, they had better look for other lawyers.

But that is a separate matter. No lawyer should have to open himself up to a real risk of criminal prosecution, in order to avoid his client’s later being estopped from raising a claim. Estoppel is a doctrine of fairness, not professional suicide.