Once improper joinder is identified, lawyers must follow a structured correction process to maintain procedural compliance and protect their client’s case. The first step is to confirm the nature of the misjoinder—whether it involves unrelated claims, improperly added parties, or a jurisdictional defect. Next, the lawyer should initiate a meet-and-confer with opposing counsel to seek a consensual amendment or severance, which often saves time and costs. If that fails, the lawyer files a motion to sever, dismiss, or amend under the relevant procedural rules (such as Rule 21 of the Federal Rules of Civil Procedure or its local equivalent). Supporting this motion with precedent and a clear explanation of prejudice strengthens the argument. After the court’s ruling, the lawyer must update pleadings, refile severed cases if necessary, and ensure all procedural timelines and service requirements are met. Diligent documentation, transparent communication, and adherence to jurisdictional standards ensure compliance and safeguard the client’s rights throughout the process.
