Foreign Lawyers: A Threat to the Legal Profession in Malaysia?
Legal Profession Assignment 2
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Transcript of Legal Profession Assignment 2
Innovation is a mind-set. Our focus is not on restoring the
status quo, but on developing a level of performance that exceeds
previous standards.
Farai & shumba
Attorneys business plan
“We
think in 4-D”
HIGHLY CONFIDENTIAL
INFORMATION
Legal Page
Confidentiality Agreement
The reader acknowledges that the information provided by Farai &
Shumba Attorneys in this business plan is confidential;
therefore, reader agrees not to disclose it without the express
written permission of Farai & Shumba Attorneys.
It is acknowledged by reader that information to be furnished in
this business plan is in all respects confidential in nature,
other than information which is in the public domain through
other means and that any disclosure or use of same by reader, may
cause serious harm or damage to the Law Firm.
Upon request, this document is to be immediately returned to
Farai & Shumba Attorneys.
___________________
Signature
___________________
Name
Page | 2
Table of Contents
Table of Contents1. THE FIRM.........................................................4
2. Vision...........................................................53. Our Executive Personnel..........................................6
4. EXECUTIVE SUMMARY................................................95. THE LAW FIRM’S OVERVIEW........................................11
6. CLIENT BASE......................................................137. BUSINESS ANALYSIS................................................16
8. MARKET ANALYSIS SUMMERY.......................................179. FARAI & SHUMBA ATTORNEYS’S FINACIAL STATEMENT....................19
10. ASSETS PURCHASED................................................2011. Conclusion....................................................22
Page | 3
THE FIRMFarai & Shumba Attorneys is a law firm located in Quigney EastLondon. The law firm is led by Gwinyai Shumba, a seasonedattorney previously with Norton Rose. The Law Firm serves allneeds generated by mining, aviation, labour and InternationalTrade sectors respectively. It handles start up and establishedcompanies. The firm was established in 2003 and this year it willbe celebrating a decade of continuous existence. It operates as apartnership with more than ten partners.
In addition Farai & Shumba Attorney offers children legalservices at subsidized rates. The practice allows the firm toable to able to provide public interest organisations legal helpat the cost of overhead.
1.1 FIDELITY FUND CERTIFICATE
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We received our Fidelity Fund Certificate for the year 2013 onthe 11th of January 2013 and all our Attorneys are admitted.
1.2 FIRM ORGANOGRAM
Director of the Firm: GwinyaiShumbaLLB (cum laude), LLM, LLD(HAVARD) PGD TAX
Managing Partner: Farai Chigavazira LLB, LLM (CAMBRIDGE)
Senior Partner: Vincent Ndlovu BA(RHODES), LLB (PRINCETON),LLM (YALE)
Senior Partner:SoneniHlatshwayo LLB PCP (COLUMBIA)
Senior Partner: Talent Runganga BCOM LLB (STELBCH)
Partner:SehluleNkomo LLB (LEEDS), LLM (WITS)
Partner: Christopher Chigumba B JURIS, LLB(UCT)
Associate:MugoveChandauka LLB, LLM (WITS)
Associate: TsitsiSharara BCOM LAW (UFH)
Associate:Boniface Chitungo LLB, LLM (UZ)
Associate: BukiweCekeshe LLB, LLM(UFH)
Consultant: Harvey Spectra BA, LLB, LLM, LLD,PROFESSOR (STELLBCH)
Candidate Attorney: Roseline Muvevi LLB (UCT)
Candidate Attorney: Dylan Chigs LLB(OXFORD)
Accountant: Earnest and Young (sub contracted)
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Secretary/ Director’s Office: OLIVIA POPE (B.COM ADMIN)
General Secretary: CIARA WILLIAMS (DIPLPUBLIC RELATIONS)
2. VisionOur Vision is to become
“The law firm of choice for people and businesses in our chosenmarkets”
Our Mission is
“By understanding the needs of people and businesses, and bylistening to them, we will deliver services which ensure theyachieve their objectives.”
We will become
The leading law firm in South Africa by a significantmargin.
We will become a Legal “one stop shop” for South Africa.
Farai & Shumba Attorneys will grow by 50% in the next threeyears (2013 - 2015).
Core to this success is our commitment to South Africa andour chosen markets.
We are
Totally committed to you - the people, businesses andcommunities of South Africa and beyond.
Totally Client Focused – we deliver“Client ServiceExcellence”.
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Committed to moving forward and investing in technology.Those that do not move forward get left behind. We continueto utilise the latest technologies to maximise the qualityof service and value for money our clients receive.
A success driven organisation, we are ambitious. Our clientsshare our determination to succeed and achieve.
A leading legal brand in South Africa with a commitment tocementing that position and growing our reputation as themost innovative and client focused law firm across bothcounties.
Our Objectives and Values
To act with total integrity at all times.
To be a friendly, approachable and sensitive firm.
To strive for excellence in all that we do, and delight ourclients.
To continually improve.
To listen and understand.
To offer value for money and added value services.
To go that extra mile, for each other and for our clients.
To work as a team and support one another.
To share knowledge.
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3. Our Executive PersonnelOur motto in this segment is tounderstand the client’s needs andget the job done.
GwinyaiShumbaHe has An LLB (cum laude)degree from Harvard Law School, LLM specialising in
Aviation law form Stellenbosch University and LLD from University of
Witwatersrand. While he was at Harvard Law school he was a part of the Student
Representative Council. It was through this Gwinyai become fond of public
interest law. Gwinyai has worked with a number of well-knownstarts up
organisations and established companies.
After five years however, Gwinyai was feeling constrained and desired to leaveand start his own law firm. He was able to bring his clients from some of theorganisations he has worked with helping the transition from leaving a well-established practice to hanging out his shingle and starting over.
Farai Chigavazira:He is the managing Partner at Farai & Shumba Attorneys. He currently
practices as an attorney in the corporate commercial department and
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specialises in mergers, acquisitions and general transactional work,
with a particular focus on mining related commercial matters.
He has acted for both listed and unlisted entities in the uranium, gold
mining, diamonds and rare earth sectors, and in the entertainment,
retail and distribution, renewable energy, higher education and property
development industries.
Qualifications
LLB (cum laude) (Cambridge University), LLM (Stellenbosch),Admitted as an
Attorney of the High Court of South Africa
Vincent Ndlovu He is a director of Commercial Law and has 18 years experience. He currently
practices as a litigation dispute resolution attorney. He specialises in
construction and engineering dispute resolution.
Vincent’s general practice experience includes contract based commercial
litigation, both locally and internationally, as well as varied commercial
litigation law.
He has acted for a number of major construction companies, parasternal
entities and various listed and multinational companies.
Vincent is a fellow of the Association of Arbitrators of South Africa. He is
also an admitted notary and conveyancer.
Qualifications
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BA (University of Cape Town), LLB (University of Cape Town), LLM in
Environmental Law-Mining and Energy law(YALE), Admitted as an attorney
of the High Court of South Africa
Talent RungangaHe is a partner and one of South Africa’s top labour lawyers, having
practiced as an attorney in the field for over 29 years.Piet started his
career as a candidate attorney at Sonnenberg Hoffman & Golombick Inc.
(SHG) in 1984 and later moved on to found and lead the firm’s labour law
department for 10 years before taking on the role of managing partner in
1991. Piet has acted as a labour court judge of the Labour Court of
South Africa and was a member of the technical team that redrafted the
Labour Relations Act. He has co-authored several publications on labour
law and is regularly quoted in the press.In 2000, Piet was appointed
chair of SHG before becoming chief executive of ENS in 2006, following
the merger between SHG and Edward Nathan. At Piet’s helm, ENS has
experienced unprecedented expansion and, in less than a decade,
established itself as Africa’s largest law firm. The firm has amassed
numerous prestigious awards as a result of its innovative, world-class
and solution-driven approach.Piet attributes the firm’s growth to the
value proposition which ENS offers its clients, resulting from a change
in the legal firm’s culture to one with high levels of collaboration and
teamwork across the firm.Piet is a Harvard Business School graduate and
regularly attends local and international conferences on business
management and leadership principles.
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Qualifications
BComm (University of Stellenbosch)LLB (University of Stellenbosch)
SoneniHlatshwayo
Sheis a Senior Partner and has over 12 years of experience. She currentlypractices as an attorney in the employment department and specialises in
labour law litigation and various aspects of workplace procedures.
She has acted for a number of clients in the mining, construction and energy
industries.
Soneni’s general practice experience involves various aspects of employment
law, particularly the formulation and development of employment contracts,
personnel policies, procedures and the implementation of employment equity.
She has also advised on collective bargaining and strike management,
restructuring, outsourcing and re-organisation of workplaces, employment
issues in mergers and acquisitions and the interpretation and application of
employment statutes, as well as labour law. She represents clients in labour
disputes such as unfair discrimination, dismissals and unfair labour
practices.
Qualifications
LLB (University of KwaZulu-Natal)
Postgraduate Certificate: Pension Funds Law I (University of the
Witwatersrand)
Postgraduate Certificate: Pension Funds Law II (University of the
Witwatersrand)
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4. EXECUTIVE SUMMARYAgenda:The legal sector is flourishing once again thanks to the
resurgence of the local economy which has resulted in the
following:
Increased inbound investors into the South African economy
especially in the Mining sector.
Improved disposable income for both individuals and
companies which has improved the ability to hire legal
services.
These are the key pillars to operate a Law Firm which from our
financial analysis we project a very profitable business for all
the stakeholders involved.
Financial Viability: The Law Firm is up and running we are
projecting 2013 revenue to be approximately 300 million rands
which will increase by 37.5% in 2014 to be $437 million rands.
This increase is significantly showed in the improvement of net
profit attributed to the Firmwhich we project to be about
R197 874 672.75 during the 2013 year and increase by about 49.9%
to $273 987 755.20 in 2014. The increase in the profits is
greater than the increase in revenue mainly because fixed costs
will remain constant from 2013 to 2014.
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Management: We believe a Law Firm needs hands on management,
hence we appointed two Managing Partners who will manage the Firm
on be-half of all the other partners. The management will have a
profit share of 20% versus the Partners and Associates as well as
candidate Attorneys 80%. The Firm’s management will be fully
involved and responsible in the running of the operations of
Farai & Shumba Attorneys and will accountable to all the Partners
of the Firm through monthly meetings as they present their
reports to the Partners and other Stakeholders of the Law Firm.
The future: We strongly believe that the Law firm is currently
incurring huge opportunity costs in terms of possible profits
foregone as it is not operating at full scale. Hence we propose
the Firm to expand its operations to countries like Zimbabwe and
Namibia.
4.1 QUICK FACTS and KEY QUESTIONS
Q: What is the projected profit for 2013 and 2014 Year?
A: 2013: R197 874 672.75 2014: $273 987 755.20
Q: What is projected revenue 1st Year, 2ndYear?
A:2013: 300 million 2014: 437 million
Q: FirmManagement
A: Farai Chigavazira and Gwinyai Shumba
Q: Management Fee
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A: 20% of net profit, payable on a monthly basis
Q: What are our advertisement platforms?
A: Our website www.fsatt.co.za and Bill boards
Q: Partnerships
We have more than ten Partners and several consultants
5. THE LAW FIRM’S OVERVIEWOur Firm is dedicated to improve the Legal sector in SouthAfrica, mainly focusing on private, Law, part of Public Law andMercantile Law. Mines, businesses, government departments andother individuals in urgent need of, efficient and competitiveLegal services are our priority. The Law Firm is dedicated toachieve quality and outstanding customer service that is aboveall our competitors to service various Legal needs.
Other services that ensure a cut above the edge so as to ensureefficiency and effectiveness in our delivery service include butnot limited to, ability to offer free legal services to childrenwith Human Rights issues. We ensure convenience to our customersthrough our conveniently located offices in Quigney East LondonBeach Front.
Our strategy is to offer extra services to our clients so as tocreate value in their Legal needs. Pick up services at an extracost to the customer.
5.1 Services
Our firm offers the following services,
Mining Law
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Aviation Law
Maritime Law
Labour Law
Cyber Law
International Trade Law
Administrative Law
Mining
Farai and Shumba Attorneys offer services to a number of mining
firms in several jurisdictions. Our work includes applications
for prospecting rights and mining rights, all the environmental
aspects of establishing and operating a mine, as well as advising
on long term off-take and supply agreements. We are also involved
in the acquisition and disposal of mining businesses, and the
funding arrangements around these transactions and new mining
projects. We have also been involved in a number of significant
BEE transactions within the mining sector.
As the long term demand for Africa’s resources grows, we expect a
significant increase in mining and resources work across the
continent, both in South Africa and in our other African offices.
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The energy area at Farai and Shumba Attorneys is one of the most
experienced practices in the country’s energy sector, and has
dealt with both renewable and non-renewable energy projects.
A major focus of our work in recent times has been in relation to
the SA Government’s renewable energy programme for solar, wind
and bio-thermal energy projects. We have established several
dedicated teams working in different areas: one team advises the
Government, multiple teams are assisting developers and operators
on bid submission and evaluation, while further teams provide
detailed advice in relation to the funding for these projects
Eskom is a major client and we are involved in all aspects of its
business, ranging from advice on the construction of new power
stations to negotiating coal supply agreements for the supply of
coal to those stations.
Our firm has experience in the oil and gas and industry. The
practice group has a unique knowledge base covering the full
legal spectrum of energy and related matters for both emerging
and established clients. Our specialist knowledge in the oil and
gas industry is supplemented by our capacity to draw on an
established network of multi-disciplinary experts so as to meet
the varied needs and requirements of our clients.
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We have advised Sasol and other energy businesses on multiple
aspects of their businesses, with an excellent understanding of
the regulatory environments in which these businesses operate, be
it natural gas, oil refining or the retail of energy products.
All of these disciplines in our group are backed up by support
from our team of experienced environmental lawyers, long
recognised as market leaders in the field.
NB: The following information is highly confidential
6. CLIENT BASEOur Firm’s top 10 clients are the following
Office of the State Attorney
Ministry of Mines
South African Revenue Authorities
Johannesburg Stock Exchange
De Beers Holding
Implats Ltd
Lohnro Pty
Eskom
Kimberly Diamond
Samsung Africa Ltd
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6.1 CONTRACT WITH UNICEF, ILO and the State Attorney.
“Nothing will ever be attempted if all possible objections mustfirst be overcome”
UNITED NATIONS CHILDREN’S FUND
Farai & Shumba Attorneys signed acontract with the United Nations Children’s Fund in which thefirm undertakes to provide legal services to children withChildren’s Rights concerns among other legal aspects. The firmreceives fees from UNICEF for all the work done at the end ofeach month. The firm also decided to subsidize all the costs aspart of its corporate social responsibility.
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INTERNATIONAL LABOUR ORGANIZATION Apartfrom the UNICEF agreement, our firm also signed a contract withthe International LabourOrganisation in which the firm undertakesto offer legal services to children who are employed illegally.In South Africa child labour has become a growing concern hencethe firm is also engaging in massive community outreach. With theassistance of ILO, the firm is working with various Schools toadvocate for the eradication of child labour.
STATE ATTORNEY
The firm also entered into a contract with theOffice of the state Attorney. According to this contract, theFirm will work with the State Attorney in Areas of Mining Law,Cyber Law and Administrative Law. The state attorney will pay thefirm for any work done for the government. This is a massive deal
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that has increased the law firm’s revenue and market confidence.The firm has becoming a major player in the mentioned field andits expansion project prognosticated a few months ago willinevitably succeed due to the rapid growth in revenue.
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7. BUSINESS ANALYSIS7.1 Competitors
“Positive thoughts and positive actions lead to positive
results”
There are a few participants in our area of expertise in South
Africa which include but not limited to Madikane and
Associates, Chidede and Partners among others. There are other
various small Law Firms that are operated throughout South
Africa but they are limited in terms resources. The above
mentioned Law Firms are slightly below ours hence the need to
offer the best legal services. Mainly they deal with the top
elite which imply a market loop hole in the middle class,
individuals, small to medium business persons and growing
corporations. This allows more room for our Firm in the
industry hence the need to capitalize on the existing
opportunities which will enable our company to expand as
envisaged. There is market gap on the following areas that
need to be satisfied at unimaginable profits:
Small Mining Companies
Small to Medium Enterprises
Small Corporations
Budget non-governmental organizations
Budget government officials
Strong inflow of Investors coming into the Country who
needs short term legal services
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One night rich people who need affordable and efficient
legal services
Our Law Firm will cater for clients with budgets in the range
of R10 000 and above per month as this is the market that is
not fully catered for as there is only one Law Firm that is
currently servicing this market. Firms such as
ChidedeandMadikane are unlikely to become key competitors. As
projected in the profitability section this industry has huge
profits that are not yet tapped hence the need for another
major player.
7.2 Business Advantages:
o This business offers limited down side risk as well as
unlimited upside potential, this implies that if the
market is not viable to operate, our company will always
dispose its assets which will ensure that we recover our
Initial cost of capital.
o Important to note is that Legal fees in South Africa
generally remain constant over time even though the
economy fluctuates sometimes, which gives the firm a
guarantee of profit
o South African Business environment is picking up since
2012, as well as the general political risk is improving
which means an improvement in the number of investors.
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8. MARKET ANALYSIS SUMMERYOur customers can be divided three main groups:
parastatals, private sector companies in various fields,
labour groups and public interest groups.
1. Parastatals . Due to our expertise in the fields of
mining, aviation, labour, cyber law and maritime law,
government parastatals offer our firm an abundant client
base with large firms that have mandates to administer
but require extensive representation.
2. Private sector companies .Our clients within the private
sector have various needs that we are able to cater to
particularly in regards to international trade as well as
mining law. The recent discovery of natural gas deposits
within the territorial waters of South Africa will also
see an increase in new clients that will need
representation in maritime disputes.
3. Labour groups .These groups in particular need
representation to ensure that employee and employer
rights across all spheres are adequately catered for.
4. Public interest groups .These are various groups within
society that need to be represented. Our work will be pro
bono for these particular groups as part of our duty to
society.
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8.1 Target Market Segment Strategy
“The will to win is worthless if you do not have the will to
prepare “Thane Yost
Farai and Shumba Attorneys will be targeting these specific
clients for the following reasons.
1. Government run parastatals often run into many problems
particularly due to the recent recession that the economy
is still recovering from. Airlines such as 1time have
been forced into provisional liquidation, and there are
many social upheavals that have occurred of late and they
require specialist litigators or legal advisors with a
wealth of experience. We believe that our firm is fully
capable of administering these services.
2. The recent discovery of natural gases within the
territorial waters of South Africa has seen an upsurge in
interest from international private mining firms that
wish to establish themselves within the country. Our
prominence as a market leader within the legal spheres of
mining law will allow us to draw these clients in and
allow us to cater to their needs.
3. South Africa has numerous labour disputes with many
labour groups protesting and marching for their rights.
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For example the mining industry has seen recent
instability due to worker’s wishing to express their
grievances and feeling as though they are not being
heard. Our firm will target these groups and assist them
wherever possible in order to protect their rights
4. Farai and Shumba will be targeting public interest
organizations for one simple reason, a desire to give
back to the community. Public interest work is inherently
altruistic to some degree. Generally, the person
performing the work receives a good feeling for his/her
contribution, but in today's capitalistic society,
someone who donates his/her time at far below market
wages should be considered altruistic.
8.2 Service Business Analysis
As a mainly mining and aviation firm our clients may not
be numerous but they are very large players within their
respective industries. As a service-based industry, the
practice of law is driven by personal relationships and
reputation and potential clients choose attorneys based
on reputation and who they are familiar with or are
recommended to. Therefore, if the attorney is providing
better service to a client, the client is likely to form
a long lasting business relationship with the client. Our
firm aims to do just that in order to ensure that we
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remain a leading firm and attract new clients from large
international players.
Farai & Shumba Attorneys has the advantage of specialised
experienced within our teams that cater directly to our
clients and are well versed in the intricacies of their
filed.
9. FARAI & SHUMBA ATTORNEYS’S FINACIAL STATEMENT2012 Statement
Income statement
Income 287 000 000
Expenses 120 000 000
Balance sheet
Assets
Fixed assets
Equipment 15 000 000
Motor vehicle 7 000 000
Premises 2 000 000
Current assets
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167 000000
25 000000
Debtors 700 000
VAT control 28 000 000
Bank 12 387 354
Total assets
Equity and liabilities
Capital 50 000 000
Net profit 117 000 000
167 000000
Liabilities
Creditors 35 000 000
Total Equity and Liabilities
35 000 000
10. ASSETS PURCHASED
“All our dreams can come true - if we have the courage to
pursue them”
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40388054
65388054
The firm purchased a fleet of cars for all the Managing
Partners, the Partners, Associates and other staff members.
The managing Partners bought two Bentley Continental GT.
All the Partners were given each a Mercedes Benz S350 CDI Blue
Efficency
Apart from the cars, the firm also Purchased Offices in
Port Elizabeth which will soon be used.
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11. ConclusionOur firm is elastic. It shall stretch and grab clients across
the continent. Our overall vision is expansion and efficiency.
At the moment we aim to be a leading legal brand in South
Africa with a commitment to cementing that position and
growing our reputation as the most innovative and client
focused law firm across the nation.
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