‘Legacy’ means so much more than a gift in a Will

At the time of writing, Roman Kubiak, Partner at Hugh James and head of the firm’s top-ranked Private Wealth Disputes team, was halfway through his Movember challenge. For the first time in 14 years, his full beard had been replaced with ‘just’ a moustache in the name of charity – much to the amusement of his children who had never seen him without it.

---

Not content with such a bold gesture, alongside fellow members of the Hugh James Men’s Health Advocates Group, Roman was also busy working his way through a challenge to run and swim 100 miles over the month as part of a wider group fundraiser.

Support for charities at both a professional and personal level runs through the DNA of Hugh James, a law firm that over the last 65 years has grown from a small high street practice with its roots in the Welsh valleys into the large national presence it is now. Indeed, Hugh James is a Top 100 leading, full-service UK law firm with offices in London, Cardiff, Manchester, Plymouth and Southampton.

As a firm, Hugh James never shy away from a challenge, and notable cases include one of the largest group action miners claims against the government; and fighting for the rights of a cohort of around 10,000 military veterans in relation to hearing loss and PTSD claims.

A large private client team, encompassing Trusts, Estates and Legacy Administration, private wealth, legacy disputes and will writing; accounts for around 20% of fee revenue.

Historically Hugh James has been seen as something of a David v Goliath firm, but while Roman says it would probably be rather “conceited” to call it that now, he believes the sentiment still very much drives the ethos of the business.

When asked for the traditional ‘elevator pitch’ about what makes Hugh James stand out from the crowd, Roman remarks: “What makes us unique is we are very good at what we do and we take our jobs very seriously, but we don’t take ourselves very seriously. You see that in

our team dynamic and how we interact with others, it’s something we take a huge amount of pride in.

“I also think we love the human aspect of what we do and that’s a culture we really drive within the team – it’s why I’ve been here for 13 years. It is very much built around the idea that anything is possible, every lawyer is given a lot of autonomy and the belief and support that they can achieve what they want.

“Crucially though, it’s about working collaboratively; despite being spread across different locations we are an incredibly collaborative team and I think that’s another secret of our success.

“We are not ‘stuffy’, and I think that’s because the firm’s roots are embedded in the Welsh valleys. A lot of the partners are not from traditional Oxbridge or Russell Group universities; we’re people who understand the value of hard work and who have often come from humble beginnings.

“That’s why it’s so important to me to not just retain, but also develop, the Cardiff office to service the individuals and organisations in Wales who have been so key to our business, while also growing our national practice in London and beyond.”

Talking of not taking themselves too seriously, who could forget the firm’s entertaining Top of the CoPs presentation at the 2024 ILM Conference featuring a top 10 of court cases based around the iconic Top of the Pops TV chart show.

Speaking of the ILM and working within the wider charity sector, Roman says: “What I really love about the sector is the way people collaborate. When you go to the ILM Conference people really welcome you and are ready to share ideas.

“Everyone really believes in the cause they are representing in a way that I don’t see reflected in other sectors or industries.”

Having qualified in 2008 and always worked with and supported charities both professionally and personally, Roman attended his first Conference around 2017 and admits that, as a lawyer, he thought it would be like going into the “lion’s den”.

“I expected to be seen as a vulture but instead I was welcomed with open arms,” he says. “The fact is that charities need lawyers and I think the relationship between solicitors and legacy teams is a co-dependent one that very much needs to work for both parties.

“I am very proud of what we do already and I would love to build on that further to engage with more members and share the benefit of our experience and advice.

“I’m a big fan of face-to-face meetings. Most of us thrive when we connect with other people and that’s why as a firm we still like to hold in-person events. I think these are really good and we are always extremely grateful to those ILM members who attend.”

Conference aside, fellow Hugh James lawyers Matthew Evans, Head of Private Wealth, and Sam Roberts, Partner specialising in estates and trusts administration, both provide member mentoring, as does Roman whose support helps those studying the CiCLA course’s Management and Leadership module.

“I find mentoring very rewarding and the most interesting part is talking to people and hearing their stories, some of which can be really touching,” he adds.

As the only ILM Corporate Partner with a Welsh office, Roman is proud to use his expertise to help local charities develop their legacy offerings and – back to the importance of the personal touch – regularly arranges round table events and breakfast meetings, across both Wales and the wider South West, with debates on topics such as diversification of income.

Among the Welsh charities Hugh James supports and works with are Cerebral Palsy Cymru, the Welsh arm of the British Heart Foundation, and St John’s Ambulance Cymru. The firm also partners with the Wales Council for Voluntary Action (WCVA) and is a panel member of specialist advisors to the Wales Cooperative Centre, supporting the social enterprises it funds.

One recent case of which Roman is particularly proud involved the Royal Welsh College of Music and Drama. It had been left a significant legacy but was experiencing difficulty in accessing the money.

Roman and his team successfully first unlocked a proportion of the legacy, enabling funding for an initial number of scholarships to go ahead in the name of the legator. In mid-

November, it then received approval from the Charity Commission to access the remainder of the gift, releasing thousands of pounds worth of funding for future scholarships.

This success prompts Roman to say: “If a person wants to leave a gift to charity in their Will, then they want to know that the charity will fight to retain that gift.

“I think some people have become more opportunistic when it comes to claims, feeling a sense of entitlement, particularly when there are charity beneficiaries. Our view, when it comes to considering litigation, is that there is no one size fits all – you need to tailor your approach depending on the type of claimant and the type of claim.

“I think it’s important to be open minded about the type of lawyer you use. Certain lawyers have different reputations that lend themselves well to some cases and not so well to others.

“I think brand and reputation are vital because they protect a charity’s income and pipeline, but there’s a danger sometimes of confusing that long-term view with the short-term objective of fighting for that legacy now.

“It’s very easy for charities to want to concede every ex gratia payment request or every nuisance claim because of the fear of the impact on their reputation, but actually, ‘legacy’ means so much more than a gift in a Will.

“I think that’s really important – to not be afraid to be a bit more robust in the face of nuisance claims, even though that does often come with a legal spend.

“I do think there’s a danger of firms racing to offer the cheapest service. The risk, though, is that this can devalue not just the service but also the quality. We don’t profess to be the cheapest but I am very proud of the work we do.”

He concludes: “When I first started working with the charity legacy sector, I didn’t expect to build the sort of relationships that I have. I didn’t expect to get as much personal fulfilment and enjoyment out of it. For me, it’s a real passion project.”

Wise words indeed from Roman who, by the end of November with his Hugh James colleagues, had raised £395 for Movember. The question is, will the beard be back in place in time to play Father Christmas?