Before filing a case involving forum non conveniens, lawyers must understand several key aspects that can significantly impact their litigation strategy. First, they need to recognize that forum non conveniens is a procedural tool, not a substantive defense, and its primary focus is the convenience of litigation rather than the merits of the case itself. Lawyers should be aware of the factors courts consider in such motions, including the convenience of the forum for witnesses and evidence, the connection of the parties to the forum, and the potential for an alternative forum to provide a fair and effective remedy. Additionally, they must understand that the motion is typically within the court’s discretion, and judges will weigh both private factors (like witness convenience) and public factors (such as judicial economy and local interest). The potential for delay or dismissal can significantly affect the case's trajectory, so lawyers must carefully evaluate the risks of filing in a forum vulnerable to a forum non conveniens challenge. This knowledge influences the decision to file in a forum that is unlikely to face dismissal and shapes strategies for gathering evidence, choosing the right jurisdiction, and preparing for potential challenges to the venue.
