Lawyers should prepare clients for potential forum non conveniens challenges by explaining that a court may dismiss the case to a more appropriate jurisdiction, even if the court has jurisdiction, based on factors like witness convenience and the location of evidence. Clients should be informed of the risks, including possible delays and increased costs. To reduce the chances of dismissal, lawyers can include forum selection clauses in contracts to specify a preferred jurisdiction, ensuring the case is heard in a favorable forum. They should also ensure the chosen forum has strong connections to the dispute, gather supporting documentation such as affidavits and witness lists, and argue that the alternative forum is inadequate. By proactively addressing potential challenges and preparing a robust case, lawyers can improve the chances of retaining jurisdiction in the desired forum.
