ORT JET provides a series of articles aimed at entrepreneurs
MICHAEL BAGRAIM – brought to you by ORT JET
Just after completing my articles of clerkship with attorneys Sonnenberg Hoffmann and Golombik, I realised the general practice of law was not for me. I had discovered a passion for the then new and niche Labour Relations
Act – legislation in its infancy and not even taught at university.
I made the reckless decision to resign from a secure position and venture into the unknown. After much soul-searching, discussions with my new spouse, and backing from my parents, I took the leap. I had no clients or infrastructure, but I recall the thrill of opening my own practice and attempting to become a mini-entrepreneur.
Cautiously, I signed a one-year lease and bought electronic equipment on hire purchase, so I could return it after a year if necessary. The real challenge was finding clients in an industry where advertising was prohibited. Taking a risk, I spent a few hundred rand to join the Cape Chamber of Commerce and Industry, which enabled me to meet fellow entrepreneurs. In hindsight, that was probably the wisest R200 I ever spent.
I began giving talks, organised by the Chamber, about labour law itself rather than advertising my firm. This brought in a trickle of small businesses unable to afford big-firm fees but open to negotiating structured arrangements. Innovatively, I offered contingency work and globular fees rather than hourly rates. Sometimes I undercharged, but other times the fee far exceeded what hourly billing would have produced.
Soon, I was invited onto radio stations to do question-and-answer programmes. By using only my name and not my firm’s, I circumvented the Law Society’s embargo on advertising. These broadcasts evolved into newsletters, lectures for industrial organisations, and presentations at industrial Councils (now known as Bargaining Councils).
The Law Society permitted pro bono and pro amico work, which gave me enormous experience. Representing a small trade union at no cost spread my name into industries, and soon employers sought me out for opinion work. After receiving advice from their regular attorneys, some asked me for second opinions or quotes. With my lower overheads, I could charge about a quarter of the usual litigation fees, which steadily expanded my client base.
Today, with the internet, social media, and no restrictions on advertising, building a practice is far easier. Within two years of starting out, I had more clients than I could handle and began employing other attorneys. Now, after over 40 years in labour law, I can say that, although it has never been the most lucrative field, it has been deeply satisfying and has given me lasting comfort. ●
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