Improper joinder can significantly disrupt a lawyer’s case strategy by complicating the issues, expanding discovery unnecessarily, and increasing the risk of procedural delays or even dismissal of claims. It can also weaken a party’s negotiating position by confusing the factual narrative or diluting strong claims with weaker ones. To handle it effectively, skilled lawyers identify potential joinder issues early through a comprehensive review of all claims, facts, and parties. They maintain a clear litigation plan that isolates each cause of action and its supporting evidence, ensuring procedural compliance. When improper joinder arises, they promptly file motions to sever or dismiss misjoined claims, citing procedural rules and precedent to demonstrate fairness and efficiency. Best practices include using precise pleadings, documenting all procedural steps, and communicating proactively with the court and opposing counsel. This disciplined approach helps lawyers control the case narrative, minimize risk, and maintain strategic focus throughout litigation.
