When improper joinder occurs, a lawyer should proceed methodically: (1) quickly review the pleadings and applicable joinder rules to confirm misjoinder (transactional nexus, common questions, or jurisdictional issues); (2) try an early meet-and-confer to request a targeted amendment or voluntary severance to save time and costs; (3) if no agreement, prepare and file the appropriate motion (motion to sever, motion to dismiss specific claims, or motion to remand/contest jurisdiction) supported by statutes and case law; (4) seek case-management relief—limited discovery, bifurcation, or protective orders—to avoid prejudice while the court decides; (5) preserve the record and preserve appellate issues by framing the procedural prejudice and legal standards clearly in briefing; and (6) if the court allows joinder, adjust litigation strategy to isolate issues and minimize exposure; throughout, the best lawyers tailor each step to local rules and precedent and document tactical choices to keep the case procedurally sound and efficient.
