To present or oppose a forum non conveniens motion successfully, top legal professionals follow a structured and strategic approach rooted in evidence, fairness, and judicial discretion. They begin by establishing or contesting the adequacy and availability of the alternative forum, ensuring the court understands whether the other jurisdiction can truly provide a fair and effective remedy. Next, they analyze private and public interest factors, such as convenience of witnesses, location of evidence, costs of litigation, and the connection of each party to the forum. Skilled advocates then build a factual record through affidavits, expert statements, and documentation demonstrating why the chosen forum is most appropriate—or why dismissal would prejudice their client. They also address procedural fairness, emphasizing issues like access to justice, enforceability of judgments, and potential bias in the alternative forum. Finally, the best lawyers frame the argument persuasively, aligning their position with broader judicial principles—efficiency, equity, and the public interest—to ensure the court perceives their stance as not merely strategic, but fundamentally just.
