Common mistakes leading to the splitting of causes of action often stem from oversight, poor case analysis, or rushed drafting. One frequent error is failing to recognize that multiple claims arise from the same set of facts, causing lawyers to file separate suits for damages, injunctions, or declaratory relief instead of consolidating them. Another mistake is inadequate communication with clients, where incomplete information results in omitted claims that are later pursued separately. Procedural misunderstandings, such as misapplying the rules of joinder or overlooking Order II Rule 2 CPC (in India), also contribute to accidental splitting. Best practices to prevent these errors include conducting a detailed factual and legal audit before filing, creating a “claim map” linking each cause of action to specific facts, and performing step-by-step reviews of pleadings to ensure completeness. Experienced lawyers further use internal checklists, peer review of drafts, and client verification sessions to confirm that all potential reliefs are included. This disciplined, structured approach minimizes procedural lapses and ensures a unified, strategically sound litigation strategy.
