If a litigant or lawyer realizes they’ve accidentally split a cause of action, the first and most crucial step is to act quickly — procedural errors like this can severely impact the case if left unaddressed. The lawyer should immediately assess whether the two suits arise from the same set of facts and, if so, move to consolidate them or seek permission from the court to withdraw one suit and amend the remaining one to include all claims. Best practices include filing an application for amendment under the relevant procedural rules, ensuring full disclosure to the court to avoid allegations of bad faith, and maintaining transparent communication with the opposing party to prevent unnecessary objections. Experienced lawyers handle such situations step by step: they review pleadings, correct procedural defects, apply for consolidation or withdrawal, and cite case law demonstrating that the error was inadvertent. This proactive, methodical approach not only preserves the client’s rights but also reinforces the lawyer’s credibility before the court.
