In the high-stakes world of trial advocacy, where every argument, piece of evidence, and courtroom strategy can make or break a case, whether you are trying mock cases or “real life” cases, there’s one quality that stands out as a cornerstone of success: GRIT.
While legal skills, knowledge of the law, and the ability to grab your audience’s attention are all essential, it is often the less tangible quality of GRIT that distinguishes the most effective advocates from the rest. But what exactly is GRIT, and why is it so crucial in the realm of trial advocacy?
What is GRIT?
GRIT, a concept popularized by psychologist Angela Duckworth, can be defined as a combination of “passion and perseverance for long-term goals” despite obstacles and setbacks. [1] “There’s a statistically significant relationship between grit, mindset and various measures of success for lawyers in all practice areas.” [2]
GRIT encompasses several key attributes:
- Growth: The importance of actively seeking out new knowledge, skills, and experiences to enhance one’s abilities. This means embracing feedback, reflecting on experiences, and striving to improve continuously. A “growth” mindset stems from a belief that qualities and intelligence can be cultivated. [3] When people believe intelligence is malleable, they pursue goals that increase their competence and abilities. [4]
- Resilience: The work of Emma Seppala, a researcher at both Stanford and Yale, further supports the values of grit and growth mindset. In her studies on happiness, Seppala concluded that a person’s view of self determines how one responds to failure and the ability to develop resilience. [5] Resilience is the ability to bounce back from setbacks and keep focus despite challenges. It involves being able to adjust to changing circumstances or obstacles, and not losing motivation or giving up when faced with adversity.
- Initiative or Integrity: Being proactive in identifying challenges and opportunities. Integrity involves not misleading or deceiving others, being accountable for your mistakes or failures, and acknowledging and addressing errors openly.
- Tenacity: The quality of being persistent and determined in the face of challenges and setbacks. Tenacity is about the relentless pursuit of goals and not giving up, embodying the spirit of pushing through difficulties to achieve success.
Why GRIT Matters in Trial Advocacy
- Navigating Complex Cases: Cases are rarely straightforward. Complexities can arise from multifaceted legal issues, extensive evidence, or unpredictable courtroom dynamics. A “gritty” advocate doesn’t get discouraged by these challenges; instead, they tackle them head-on with determination. For example, during litigation, unexpected twists in witness testimony or sudden legal motions can require quick thinking and adaptation. Advocates with grit are prepared to face these hurdles, adjust their strategies, and stay focused on achieving the best outcome for their team or clients.
- Overcoming Setbacks: In any trial, setbacks are inevitable. A key piece of evidence might be excluded, a witness might falter, or an opposing counsel might present a strong counterargument. GRIT helps advocates view these setbacks as temporary obstacles rather than unconquerable barriers. Resilient advocates use these challenges as opportunities to reassess and refine their strategies, demonstrating their commitment to long-term success.
- Learning and Growing: Every trial provides a learning experience, regardless of the outcome. GRIT involves a mindset of continuous improvement and learning from every experience. Lawyers who embrace this aspect of GRIT are more likely to reflect on their experiences, seek feedback, and apply lessons learned to future cases. This growth mindset contributes to their development as more effective and resilient advocates.
- Commitment: Successful trial advocacy demands a deep commitment to each case, including thorough research, meticulous preparation, and the ability to stay focused on the goal of achieving favorable outcomes.
- Emotional Strength: The high-pressure nature of trials can be stressful. Grit provides the emotional fortitude needed to handle the pressures of litigation, maintain composure, and stay motivated throughout the entire trial process.
Cultivating GRIT in Trial Advocacy
The concepts of GRIT are among the vital skills identified by legal employers. [6] Developing GRIT is not about adopting a single strategy but rather embodying a mindset and approach. Here are a few ways advocates can cultivate GRIT:
- Set Clear Goals: Define long-term goals for each case and stay focused on these goals throughout the trial process.
- Embrace Challenges: View obstacles as opportunities for growth and learning, rather than viewing them as barriers to success.
- Seek Feedback: Regularly evaluate your performance and seek constructive feedback from friends, family, or other advocates to continuously improve your skills.
- Practice Self-Care: Maintain a balance between work and personal life. Keeping a clear mind helps to avoid burnout and stay resilient.
In the competitive and demanding field of trial advocacy, GRIT is more than just a desirable trait; it is a fundamental component of effective legal practice. The resilience, determination, adaptability, and hard work embodied by GRIT enable advocates to navigate complex cases, overcome setbacks, achieve long-term goals, and grow from each experience. By embracing GRIT, advocates can enhance their effectiveness in the courtroom, elevate the quality of teams they are on, and inspire resilience and passion in others. [7]
As you prepare for your next case, remember that while knowledge and skill is crucial, it is often the indomitable spirit of GRIT that truly sets the best trial advocates apart. GRIT isn’t talent. GRIT isn’t luck. GRIT is the hard work and dedication that will guide you towards success.
Sources:
[1] See Angela L. Duckworth et al., Grit: Perseverance and Passion for Long Term Goals, 92 J. PERSONALITY & SOC. PSYCHOL. 1087, 1087 (2007).
[2] Stephanie F. Ward et al., Having grit and a growth mindset goes a long way for women lawyers, according to ABA study, ABA JOURNAL (2017).
[3] See generally Carol S. Dweck, MINDSET: THE NEW PSYCHOLOGY OF SUCCESS (2d ed. 2016).
[4] Carol S. Dweck & Ellen L. Leggett, A Social-Cognitive Approach to Motivation and Personality, 95 PSYCHOL. REV. 256, 262 (1988).
[5] Megan Bess et al., Grit, Growth Mindset, and the Path to Successful Lawyering, 89 UMKC L. Rev. 493 (2021); Emma Seppala, THE HAPPINESS TRACK 122-23 (2016).
[6] Id. at 14.
[7] Caroline Adams Miller, Do You Have the Right Kind of Grit to Succeed?, A.B.A. LAW PRACTICE TODAY 2016 (stating that people with grit do not give up when work is difficult and they elevate the quality of teams they are on, inspiring resilience and passion in others).
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