I see you are relying on wiki, which is just wrong

It is not a phrase used by lawyers at all

I have just run "de mortuis nil nisi" as a search term through Westlaw, which turns up a grand total of 4 (count them) hits, relating to just two cases, from the entire database

The irony of this exchnage is that the phrase is only ever used in Diogenes' original sense - which wholly supports your original point

Robertson v Turnbull House of Lords, 5 October 1981
Subject: Personal injury; Road traffic
Keywords: Economic loss; Married persons; Road accidents; Scotland
Where Reported: 1982 S.C. (H.L.) 1; 1982 S.L.T. 96; Times, October 6, 1981
Documents: Case Analysis 1982 S.C. (H.L.) 1 1982 S.L.T. 96

2. Robertson v Turnbull Court of Session (Inner House, First Division), 8 February 1980
Subject: Negligence
Where Reported: 1980 S.C. 108
Documents: Case Analysis 1980 S.C. 108

3.Daniel v Uply Court of King's Bench, 1 January 1625
Where Reported: 82 E.R. 264; (1625) Lat. 39
Documents: Case Analysis 82 E.R. 264

4.Daniel v Uply Court of King's Bench, 1 January 1624
Where Reported: 82 E.R. 312; (1624) Lat. 134
Documents: Case Analysis 82 E.R. 312

Posted By: Old Git on July 7th 2010 at 17:33:05


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