Dealing with improper joinder in a lawsuit requires a structured and strategic approach. Top lawyers first identify whether the claims or parties have been improperly combined by examining whether they arise from the same transaction or share common legal or factual questions. Once identified, they typically file a motion to sever or dismiss the improperly joined claims under the applicable procedural rules. The best practice is to act early—preferably before substantial proceedings begin—to avoid wasted time and costs. Lawyers also communicate with opposing counsel to seek an amicable amendment before moving the court. Step by step, they gather supporting case law, ensure procedural compliance, and clearly demonstrate to the judge how improper joinder may prejudice their client or complicate the case, thereby securing a fair and efficient trial process.
