Experienced litigators use forum non conveniens strategically to benefit their clients by selecting or contesting a jurisdiction that offers a more favorable legal environment, whether for convenience, better laws, or easier enforcement of judgments. For plaintiffs, this may involve choosing a forum with more accessible legal remedies or convenient locations for evidence and witnesses, while defendants may raise it to move the case to a jurisdiction with more favorable conditions. However, ethical and procedural limits exist; litigators must ensure the tactic is not used to deny the plaintiff a fair opportunity to litigate or to create undue barriers to justice. Courts require legitimate grounds for invoking forum non conveniens, and its misuse for delay or unfair advantage can lead to sanctions, making it crucial for litigators to align their strategy with legal and ethical standards.
