At the pleading stage, lawyers can identify improper joinder by carefully examining whether all claims and parties share a common transaction, occurrence, or legal question as required by procedural rules. If any claim or defendant lacks a clear factual or legal connection, it signals potential misjoinder. To deal with this early, lawyers should structure pleadings logically—grouping related claims together and avoiding the inclusion of unrelated causes or parties. Best practices include preparing a claim chart mapping each allegation to supporting facts, verifying jurisdiction and venue for every party, and seeking peer review or senior counsel input before filing. If misjoinder is spotted in an opponent’s pleading, the lawyer should promptly raise the issue through a motion to strike, sever, or dismiss. Addressing joinder defects at the pleading stage not only ensures procedural compliance but also prevents unnecessary amendments, delays, and costs later in the litigation process.
