Two decades of resilience and finding purpose in law

In this month’s issue we feature legal practitioner, Mojau Ramathe, who is based in the province of Mpumalanga. Mr Ramathe was born and bred in the town called Phuthaditjhaba in Qwa-Qwa, Free State. He matriculated in Thokoana Makaota Secondary School under the motto of ‘Ikgwantlelle lekaota’. Mr Ramathe shared how his matric results were not satisfactory, and he attempted to do supplementary examinations in 1996, which improved his results and, also in the same year, he pursued a diploma in business management and computer studies. ‘Due to the exemption requirements of the time, I had not satisfied the university entrance and in 1997 I did a bridging course in Bloemfontein at Hillside View College, which interlinked with the University of the Free State. In 1998 they proceeded to enrol applicants in the Bachelor of Laws (LLB) with the University of the Free State, which I pursued and concluded,’ Mr Ramathe said.

Mr Ramathe added that he did his articles at the firm Krohn Inc Attorneys in Bloemfontein until his admission on the 27 April 2004. In May 2004 he resumed his professional assistance work at George Moroasui Attorneys in Secunda, Mpumalanga. In April 2005 he opened the door to his own law firm Ramathe MJ Attorneys. In 2014, Mr Ramathe incorporated the firm from a sole proprietorship. His law firm is a specialised law firm in labour law, alternative dispute resolutions, and civil and commercial litigation. ‘I am a father of four smart children – two girls and two boys – and I am a God-fearing person who strives to achieve and empower others in the areas of my involvement,’ Mr Ramathe added.

Kgomotso Ramotsho (KR): What inspired you to pursue a career in law?

Mojau Ramathe (MR): I was inspired to pursue law from my observation of the Katlehong, Thokoza, Sharpeville and Sebokeng massacres in the 90s, where people (mostly black people) were killed, tortured and butchered (fuelled by the then government) and perpetrators were not held accountable or took responsibilities for their actions, as at the time they may have been protected by the political system.

It was from that background that I developed an interest to help and serve those that are in disadvantaged positions and at the time also motivated by the defenders of government (mostly white people) and the actions against the black communities.

I was inspired to represent those that are from black communities as the lawyers in that era and community were in a minority, and it was an interesting development that I was in the first class in 1997 that was taught law in English at the University of Free State.

It was in that period that I experienced racism and the disadvantage of non-Afrikaans speaking students, and I used that to propel me to study harder to achieve the degree.

KR: How long has your law firm been in existence?

MR: The firm operated from 2005 as a sole proprietor with only two employees and was incorporated in 2014 to this date.

Over the years, our firm has developed candidate attorneys, many of whom became our professional assistants. The majority, after gaining knowledge and skills, opened their own legal practices, while others have entered the corporate sector, and a few are in government.

KR: What were some of the biggest challenges you faced in the early years of running your own law firm, and how did you overcome them?

MR: The biggest challenge in operating and running a law firm at the start, was the lack of funding to establish a fully-fledged legal practice that is resourced.

Secondly, was to secure client(s) that can sustain a law firm.

Thirdly, another challenge was the environment or landscape after completing articles was completely different, as one is trained on a particularly legal discipline, whereas the post-admission market often demands a different legal discipline.

I had to overcome these challenges by enrolling in various legal disciplines on much needed courses with the University of Johannesburg and the University of Pretoria, etcetera, and engage with government to support our business through rendering of legal services.

It was through those efforts that we were able to procure resources in particular, a legal library, IT infrastructure and vehicle, so as to enable mobility and expand knowledge to then attract more clients who would financially sustain the practice.

KR: In your experience, what are the key ingredients for running a sustainable and reputable law firm in South Africa?

MR: The key in running a sustainable and reputable law firm is centred around the fundamentals of resilience, consistency in action and patience in achieving goals.

These ingredients I have employed in my 20 years of experience and operating of a law firm that renders specialised legal services to various corporate and government institutions.

The operating of the practice is a highly regulated terrain and therefore the principles of marketing such a business hinders the progress of a new law firm, to the extent that you may decide to close shop and join the queue of being an employee.

There is often a lack of financial resources to meet your personal needs, which requires patience and hope that one’s goals will be achieved in time. In addition, one must manage societal pressures and the expectations placed on a black attorney.

KR: Can you share some of the proudest milestones or success stories from your firm’s journey over the years?

MR: In the period of 20 years, it is difficult to highlight a single milestone or success story, but I can mention the following:

• Securing a service level agreement with a big multinational company (the name of which cannot be disclosed due to contractual obligations).
• Observing our former employees open their successful legal firms and asking for guidance from me.
• Procuring our own office building as a firm.
• Establishing a relationship with a farm school that we have adopted, which we continuously support, and seeing renewed hope in the faces of young learners in that school.

KR: What are some of the most valuable lessons you have learned as a legal practitioner and business owner that you wish you knew when you started out?

MR: I wish I had known how to confront business dealings or negotiations without fear of failure or rejection, and I wish that one could have been mentored in business management and the running of an efficient and effective law firm earlier.

I wish other lessons could have been learned such as managing emotions when making business decisions and how to handle business challenges with greater emotional intelligence.

I have also learned that human resources are the most crucial and fundamental element of any successful legal firm or a business, and I wish I could have developed the ability to manage human capital much earlier.

KR: What are some common mistakes you see younger attorneys or new law firms making, and what advice would you give to help them navigate those pitfalls?

MR: In most instances my observation of the mistakes that fellow young colleagues make can be classified as follows:

• The desire to succeed within a short time (by-pass the rule of nature instead of accepting that patience helps preparedness).
• The failure to communicate the difficult structures of the profession to their families, which leads to families having high expectation post-university or during the period of articles.
• The failure to understand the expectations of the client while in competition with artificial intelligence (AI).
• The lack of activism in the various discourses that are in the communities or in the country as they tend to only focus on just running the business (blame academic education) and miss the link with social skills and settings.

My humble advice to deal with these are to always tag along with your families on the difficulties and the challenges within the profession and various stages that one needs to endure with less money. Having achieved this first step, the pressures that come from external influences are won or managed by 60% which then enable a practitioner or business owner to gradually improve his skills as a legal practitioner or business owner.

The other 40% centres around participation in empowering activities and the current competition with the influence of AI. A young practitioner must realise the significance of human intelligence and the demands of studying the law to assist the needs of the client that may have researched a particular legal point with AI and only expects validation.

The last and most important part is with abilities to manage both internal needs and external expectations, wherein a young practitioner will settle financially without being extravagant or being exposed to the needs of the peers, which may negatively affect his integrity as a legal practitioner or business owner. The young lawyers must associate or participate in the various structures (like the Black Lawyers Association (BLA) or Law Society of South Africa) that will improve their understanding of the nitty-gritty in the legal profession, practice management and operation and marketing of their brand within the legal framework of the profession.

KR: Mentorship plays a crucial role in professional development. How do you support and guide young lawyers within your firm or the broader legal community?

MR: As outlined above, I had hoped that I would be exposed to mentoring very early in my profession, however, that lack on my part, has made me use every little opportunity I get to empower others and mentor them against the experiences that I had, personal or professional.

I am involved in empowering young lawyers through the exchange of ideas, and an ignition of the critical thinking that is necessary of a successful practice or service to clients.

Within our firm we also mentor young people on running a law firm as a business and the key ingredients being the financial intelligence and knowledge within their professional, as well as in their personal lives.

I also mentor young leaders within the BLA via legal activism on the current challenges and the management of the wealth or economic freedom with their current means.

I am also involved in motivational spaces within the social community, where I inculcate the need for a positive attitude and the willingness to influence change among young people without ignoring the daily realities facing the society.

KR: What is your vision for the future of your firm, and how do you see the legal profession evolving in South Africa over the next decade?

MR: My vision for the future of the firm is that those currently in it will remain, progress to managing the firm, and share in ownership of the firm. In doing so, they will grow into leaders who will address the social ills and legal challenges facing our society. The firm must operate beyond another 20 years under new leadership and hopefully the Ramathe offspring will join the reigns in the future.

The evolution of the legal profession is far behind in South Africa as compared to other developing or developed countries, to the extent that we have struggled to have one profession or a fused profession, due to competing interests.

Instead of focusing on the real evolution of the profession within the existence or embrace of AI and the one global economy, we continue to fight over the minute struggles or politics, and yet we perpetuate the oppression in the expansion of human intelligence that must be used to develop our legal jurisprudence and make sure we are active players in the global economy.

We must change our attitude towards the attorney and advocate profession (pupil and candidate legal practitioner curricula and admission or practice requirements) and allow a situation where we can practice law without hindrances and enhance our financial freedom and in real time show legal freedom of our legal communities.

Unless government utilises the legal instruments (legislation or funding) to change the oppressive tendencies within the legal profession and be decisive about that cause, the status quo will remain in the legal profession and South Africa will be behind and the profession in its current form will not develop the country or its world economic stature in the next decade.

Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.