Preventing non-joinder starts with a disciplined, checklist-driven intake and investigation: before filing, run thorough due diligence (title/ownership searches, corporate registry and charge/look-up searches, contract and chain-of-title reviews, insurance and indemnity checks), interview the client and key witnesses to surface hidden stakeholders, and map every person or entity with a possible legal interest; next classify each as necessary, proper, or nominal and draft pleadings that name correct legal entities (verify exact company/party names and service addresses) and include alternative/contingent causes of action and third-party or contribution claims so relief survives later additions. Add procedural safeguards — a pre-filing party review by senior counsel or a short internal “party-check” peer review, standardized party-identification templates, automated name-identity searches, and a litigation hold on documents — and where appropriate send pre-suit notices or attempt voluntary joinder. Finally, keep the party list live throughout the case (review at each milestone), document your inquiries and decisions to show diligence, and consult specialist counsel for complex interests (corporate, trust, tax, or government-immunity issues); these steps together drastically reduce the risk of non-joinder, delay, or dismissal.
