Top Lawyers: Sarah Rathke Of Squire Patton Boggs On The 5 Things You Need To Become A Top Lawyer In Your Specific Field of Law

An Interview with Eric L. Pines

Understand International Politics. The forces that dictate what is going on with manufacturing supply chains are intrinsically tied up with international politics. Again, I had the good fortune to get my undergraduate education from Georgetown University, which exposed me to a great deal of international politics. At the very least, read the international news every day. Follow China experts on Twitter. Understand the global energy markets. All of it matters.

The legal field is known to be extremely competitive. Lawyers are often smart, ambitious, and highly educated. That being said, what does it take to stand out and become a “Top Lawyer” in your specific field of law? In this interview series called “5 Things You Need To Become A Top Lawyer In Your Specific Field of Law”, we are talking to top lawyers who share what it takes to excel and stand out in your industry.

As a part of this interview series, I had the pleasure of interviewing Sarah Rathke.

Sarah is a trial lawyer whose practice focuses on supply chain issues. She is a partner at the international law firm of Squire Patton Boggs, who practices out of the Cleveland, Ohio office. She is also the co-author of the 2016 legal treatise, “Legal Blacksmith: How to Avoid and Defend Supply Chain Disputes.”

Thank you so much for joining us in this interview series. Before we dig in, our readers would love to get to know you a bit more. What is the “backstory” that brought you to this particular career path in Law? Did you want to be an attorney “when you grew up”?

I wanted to be a lawyer or a stand-up comedian. It turns out, when you talk in front of a group of people and they laugh, you become a stand-up comedian. When they don’t, you become a lawyer.

Can you tell us a bit about the nature of your practice and what you focus on?

Sure. I focus on manufacturing supply chain legal issues. These can include disputes between entities within a supply chain (a component supplier and a finished-product seller, for example). But they also include transactional issues like drafting supply contracts and international regulatory issues such as making sure that there is no forced or child labor in a company’s supply chains.

I am pretty sure I was the first “BigLaw” attorney to adopt supply chain as my practice focus, though lots of folks do it now. But I did it largely because I began my practice in Cleveland, Ohio — a rust belt city — and manufacturing disputes were a lot of what the senior attorneys in my office were working on when I was a young associate, so by extension, that’s what I was spending a lot of my time on as well. When I became a partner, I realized I could put a name to it, develop a real discipline around it, and market it as such.

You are a successful attorney. Which three character traits do you think were most instrumental to your success? What unique qualities do you have that others may not? Can you please share a story or example for each?

First, I need to credit my self-diagnosed adult ADHD for allowing me to take in different pieces of information from various sources — some legal and some not — to analyze and assess what is going on in the world relevant to my practice. Good lawyers are often described as being very focused — and I can be when I need to be — but in general, it is very easy to interrupt me with new data or a new project. And this has actually helped me grow as a lawyer and be more helpful to others. For example, toward the end of last year (2021), I ended up giving a recurring supply chain talk to various audiences that I called, “Why Is Everything Broken,” that brought together the logistical issues creating pandemic product shortages, the historical vicissitudes of the US’s relationship with China, and what I was seeing in court docket activity to provide people with a sense for how we got to where we were, and what the future was likely to look like in terms of supply chain issues.

Second — which I’m not positive is a “character trait,” but let’s go with it — is “picking a lane.” For me, this means picking my supply chain focus and going with it, even though, and indeed perhaps because, nobody else was in that lane. I remember seeing an interview of Lin-Manuel Miranda at the beginning of his “Hamilton” fame, when the interviewer asked him how he chose his particular brand of musical theater as being his “thing.” Miranda then described being surrounded by so many talented artists of various types at his high school in New York, that he knew he would have to be extremely focused to stand out. I think the law is a lot like that too.

Third, I’m a reader. I’m sure people you interview tell you this all the time, but there is no substitute for reading widely in terms of gaining an informed and broad perspective on the world. When I was on maternity leave, I read something like 40 biographies — which taught me a tremendous amount about leadership. During the pandemic, I read dozens of books about China, which of course with a population of 1.4 billion has a continual (and in the US, sometimes poorly understood) influence on every aspect of world dynamics.

Do you think you have had luck in your success? Can you explain what you mean?

Of course. I think the early career choices I made — without a lot of thought at the time — ended up being very lucky in terms of opportunities that came to me as a lawyer. First, is starting my practice in Cleveland, Ohio. I’m not from here, and it’s sort of an accident that I am here, but training here rather than New York, DC, or San Francisco I think allowed me to take on the “stand up” aspects of being a lawyer — specifically, depositions and trial work — at a much earlier age. Coastal BigLaw firms are known for not providing a lot of stand up opportunities for lawyers until they are senior associates or young partners, but I first-chaired two trials during my first year of practice.

Second, my choice of firm — Squire Patton Boggs — ended up being very fortuitous. When I was interviewing there for my first job out of law school, I chose it essentially based on “vibe,” even though frankly it is difficult as a law student to tell if there are differences between law firms and what those differences might translate to in terms of career development and opportunities. As it turned out, however, my firm provided exactly the right balance of autonomy, skills excellence, lack of any real management or oversight (I mean this in the best way, honestly!), commitment to various forms of diversity, and global footprint that really allowed me to thrive. It is pretty rare for a person to spend their entire legal career at the same firm, as I have.

Do you think where you went to school has any bearing on your success? How important is it for a lawyer to go to a top-tier school?

I wouldn’t overdose on it. I went to a “T14” law school (which means “Top 14,” but why is it 14, and who picked that number, I really don’t know). Attending a recognizable school has the effect of cutting through some of the crap that people use to evaluate your credentials. But there are plenty of people who succeed wildly without attending a supposed “top” school, and lots of people who plateau early who did.

I do credit my undergraduate college, Georgetown University, with providing me with a background in international politics that informs so many of the issues that impact my practice.

Based on the lessons you have learned from your experience, if you could go back in time and speak to your twenty-year-old self, what would you say? Would you do anything differently?

In 2014, my firm — then called Squire Sanders & Dempsey — merged with the DC lobbying firm of Patton Boggs. So, suddenly, the staid Midwestern part of my firm became partners with several prominent ex-politicians and international dignitaries. Soon after the merger, we had a social event that brought together lawyers from the two sides of the firm, and I instantly noticed something: When the non-politicians came into the party, they would anxiously scan the room to find people they knew, and then socialize with those people. The politicians, on the other hand, went straight to the first people they saw, and talked to everyone in their path! And not a person in the room thought this was weird or off-putting!

My advice is, if you can, it’s worth putting aside whatever personal anxieties you may have, and talk to everyone in the room.

This is not easy work. What is your primary motivation and drive behind the work that you do?

It’s honestly a lot of fun. I’m a former runner, so I’ll happily line up on whatever starting line I’m directed to without a whole lot of anxiety about it.

What are some of the most interesting or exciting projects you are working on now?

My favorite case right now is representing a woman-owned New York fashion/tech company called Laws of Motion. During the pandemic, Laws of Motion pivoted its supply chain to provide PPE to the State of New York, which subsequently failed to pay as agreed. So, we’re litigating that right now in New York courts, but Laws of Motion is a fascinating company that uses technology to produce perfect-fit sizing that is now being purchased by other fashion brands as well. Plus, their clothes are gorgeous.

Where do you go from here? Where do you aim to be in the next chapter of your career?

More is more, so my goal is simply: more work in more industries for more clients that is more sophisticated. I operate with the help of a wonderful team of skilled, hard-working junior lawyers, and one of my favorite things in life is watching them grow and succeed. Learning how to “manage others” is something I have tried to be very deliberate about.

Without sharing anything confidential, can you please share your most successful “war story”? Can you share the funniest?

Let me share a funny one. During a jury trial in front of a notoriously attention span-challenged judge, I objected to a question posed by opposing counsel on the basis that, if admitted, the proffered testimony would be “boring.” In response, the judge looked at me for a second, then goes, “I know, right?” and sustained the objection.

Ok, fantastic. Let’s now shift to discussing some advice for aspiring lawyers. Do you work remotely? Onsite? Or Hybrid? What do you think will be the future of how law offices operate? What do you prefer? Can you please explain what you mean?

I personally do whatever works — and I encourage the rest of my team to do the same. I’ve got a 16 year-old son who is constantly in and out of my house. He drives, but he still needs things, has events, etc. Plus, I’m not always in the mood to commute, so when I don’t feel like doing it, I just don’t. I like to think that my group has a good enough system for training, mentoring, work product review, and even socializing that we can all come and go as we please like the adults and professionals we are. That said, I know different lawyers and practice areas work in different ways, so there are times where it is helpful for junior attorneys to be “at the elbow.” I don’t judge.

How has the legal world changed since COVID? How do you think it might change in the near future? Can you explain what you mean?

Big firm litigation has by and large changed for the better. At my firm, we do cases all over the country, and pre-COVID, it was assumed that if you had depositions or status conferences away from home, you would be on a plane. Now, courts and counsel have largely come around to the idea that there’s a lot that can be accomplished remotely with little to no sacrifice to quality. I think it’s great. It also makes the practice of this type of law more accessible for folks who can’t travel as easily, like parents of young children.

Based on your experience, how can attorneys effectively leverage social media to build their practice?

Totally. It’s 2023, so everybody buys everything on the internet — legal services included. I maintain a blog (www.globalsupplychainlaw.com), I am frequently interviewed and frequently speak on supply chain topics. I don’t think people should be afraid of social media at all. I think they should embrace it. It’s a low-pressure way for people to check you out.

Excellent. Here is the main question of our interview. What are your “5 Things You Need To Become A Top Lawyer In Your Specific Field of Law?”

1. Train Hard. At the heart of my practice is trial work, which involves very specific skills. Opening statements, direct examination, cross-examination, closing arguments — there is a discipline and an orthodoxy to each of these phases of trial that requires instruction, understanding, drilling and practice. When I was a younger lawyer, I had the good fortune of doing trial training through the National Institute of Trial Advocacy (NITA), which I would recommend to anyone doing litigation of any kind. Later, I became a NITA instructor, and also provide trial training through other groups as well. But the important thing is that both my own training and teaching have kept my skills sharp, so they’re ready when I need them.
2. Understand International Politics. The forces that dictate what is going on with manufacturing supply chains are intrinsically tied up with international politics. Again, I had the good fortune to get my undergraduate education from Georgetown University, which exposed me to a great deal of international politics. At the very least, read the international news every day. Follow China experts on Twitter. Understand the global energy markets. All of it matters.
3. Be Aware Of Unpredictable Consequences. Helping clients with supply chain issues requires understanding that, for every action, there are often unpredictable reactions. For instance, in recent years, a lot of environmentally conscious Americans have wanted to install solar panels in their homes — not understanding that many solar panels imported into the US were made using forced labor. Similarly, many well-meaning people now are very interested in electric vehicles. But we don’t really have an understanding as to what the environmental, trade, and even political impacts associated with extracting commercial quantities of the raw materials needed for EV batteries will be. It is incumbent for those at the forefront of supply chain work to try to see over the horizon at the global legal and non-legal implications of the supply chain decisions that we make.
4. Have Big Rear-View Mirrors. This lesson applies to all lawyers and anyone interacting with the world. I remember wanting so badly to graduate from high school so I could go to college and be where all the “really smart” people were. And there were a lot of really smart people at college. But with the benefit of age, I realize that many of the smartest people I have known, I have known since childhood. Everyone has a perspective you can learn from if you’re willing to listen. And fundamentally, everything in the world is connected.
5. Write. Supply chain is a fast-changing area that is impacted by global events, big and small. The war in Ukraine, China COVID-19 restrictions and the lifting of those restrictions, German supply chain legislation, Iranian and Afghan protests — these are all things that impact manufacturing supply chains, and people need to know about them. I maintain a blog called the Global Supply Chain Law Blog (www.globalsupplychainlawblog.com). My team and I try to post several times a month about global events and their impact on global supply chains. In addition, as I mentioned, in 2016, I co-wrote a book entitled, Legal Blacksmith: How to Avoid and Defend Supply Chain Disputes, because an ounce of prevention really is worth a pound of cure. And the process of writing itself is helpful to crystallize your own thinking.

We are very blessed that some of the biggest names in Business, VC funding, Sports, and Entertainment read this column. Is there a person in the world, or in the US with whom you would love to have a private breakfast or lunch, and why? He or she might see this. :-)

NANCY PELOSI. I don’t care what your politics are, there has never been a more effective Speaker of the House in American history.

This was very inspiring. Thank you so much for the time you spent with this. We wish you continued success and good health!

About the Interviewer: Eric L. Pines is a nationally recognized federal employment lawyer, mediator, and attorney business coach. He represents federal employees and acts as in-house counsel for over fifty thousand federal employees through his work as a federal employee labor union representative. A formal federal employee himself, Mr. Pines began his federal employment law career as in-house counsel for AFGE Local 1923 which is in Social Security Administration’s headquarters and is the largest federal union local in the world. He presently serves as AFGE 1923’s Chief Counsel as well as in-house counsel for all FEMA bargaining unit employees and numerous Department of Defense and Veteran Affairs unions.

While he and his firm specialize in representing federal employees from all federal agencies and in reference to virtually all federal employee matters, his firm has placed special attention on representing Veteran Affairs doctors and nurses hired under the authority of Title. He and his firm have a particular passion in representing disabled federal employees with their requests for medical and religious reasonable accommodations when those accommodations are warranted under the Rehabilitation Act of 1973 (ADA). He also represents them with their requests for Federal Employee Disability Retirement (OPM) when an accommodation would not be possible.

Mr. Pines has also served as a mediator for numerous federal agencies including serving a year as the Library of Congress’ in-house EEO Mediator. He has also served as an expert witness in federal court for federal employee matters. He has also worked as an EEO technical writer drafting hundreds of Final Agency Decisions for the federal sector.

Mr. Pines’ firm is headquartered in Houston, Texas and has offices in Baltimore, Maryland and Atlanta, Georgia. His first passion is his wife and five children. He plays classical and rock guitar and enjoys playing ice hockey, running, and biking. Please visit his websites at www.pinesfederal.com and www.toughinjurylawyers.com. He can also be reached at eric@pinesfederal.com.