Remembering Irving Kessler: A giant in the legal community

Irving Kessler not only helped people buy houses, but made them feel right at home. Whether it was a commercial or residential customer, he truly cared about their lives and the success of their transactions.

The long-time real estate practitioner with the firm Underberg & Kessler LLP died Monday, just five days shy of his 88th birthday.

“Irving was very very interested in people’s business, what they did and what he could do to help,” said Anna E. Lynch, the firm’s managing partner. “Irving was always interested in what clients did. He would have lunch with them. I really think people respected him not just for his legal expertise, but he really valued the people of this community and who they were.”

Lynch said Kessler was also the first to celebrate people’s accomplishments and was the first person in her office to offer kudos in 2000 when she was selected as one of Rochester Business Journal’s “Forty Under 40.”

“It meant a lot to me,” she said. “This firm — everybody — loved Irving. He’s been a wonderful mentor to many attorneys and staff. He had a wonderful life and he was very much appreciated.”

Lynch said although Kessler didn’t practice full time in recent years, he was the firm’s “goodwill ambassador” to the community and “you couldn’t ask for a nicer person to be that.”

Mary Loewenguth, executive director of the Monroe County Bar Association, said one of the things that impressed her about Kessler was that despite his advancing age, he continued to show up for association events.

“If there was an event the bar was holding, Irving was there,” she said. “He kept learning and he kept giving. He lived a good life. It’s a real loss for the legal community.”

Loewenguth smiled when she recalled Irving helping out at a Lawyers for Learning event, joining the Penfield High School football team to stuff backpacks with school supplies for less-fortunate children.

In the midst of about of 30 kids, most over 6 feet and 200 pounds, was Kessler, whose height barely topped 5 feet.

“He was in his classic bow tie, always looking dapper,” she said. “It was precious. Irv was a little man, though he’s a giant in real life. He was one of our treasures.”

Donald O. Chesworth, a former colleague and friend, called Kessler a true gentleman who was always cordial and very meticulous.

“He was very much detail-oriented,” said Chesworth, who is now a partner at Harris, Chesworth, O’Brien, Johnstone & Welch LLP. “He was concerned not only about the quality of the legal product, but also how it looked.”

Chesworth remembers finding that out in the early 1970s when he was starting the first of two stints with the firm. Kessler approached him about a document he had prepared.

“We just don’t prepare documents like this,” Chesworth said Kessler told him. “It’s OK technically, but it just doesn’t look right.

“It didn’t look professional,” Chesworth added. “He was as concerned about the professional appearance as he was about the content. He just wouldn’t compromise on anything.”

Chesworth and Kessler met for lunch about every six months, right up until a couple of months ago, talking about their families, friends and acquaintances. He said Kessler would always say “make sure you bring Mary Ann Kellman with you.” She had previously worked as secretary for Kessler and is now the office manager at Harris Chesworth.

In fact, two other partners of Chesworth’s — Edward M. “Ted” O’Brien and George Schmergel (who died July 12) — also worked with Kessler at his firm.

“We were all there at the same time,” said Chesworth, who left in 1990, followed by the other two the following year, although Schmergel did not join Chesworth’s firm until 2007.

Chesworth said Kessler was a teacher, but also truly cared about people and was very respectful.

“He was calm,” Chesworth said. “He was a very sensitive person. He never got married, but he would have been an absolutely wonderful father.”

In fact another attorney friend, James V. Philippone, and his sons Alex and Martin, all of Philippone Law Offices, enjoyed regular lunches with Kessler and the various colleagues he brought with him through the years. They would talk about the things going on in their lives.

“He was just a sweet guy,” James Philippone said. “He was fun to be with and he was always interested in my latest venture whether it was to buy a building or salvage a submarine or buy trains. Whenever he had a criminal law question, he would call me and whenever I had a real estate question, I would call him.”

The two met in the early 1970s when Philippone was purchasing property in the Corn Hill neighborhood. From that point on, Philippone hired Kessler for his personal business and as independent counsel to his firm.

“He was truly a tribute to the profession,” Philippone said. “He was an outstanding lawyer and as ethical as any lawyer could be. He had the sweetest disposition of any lawyers. He never became upset or outraged. He just was an even-tempered nice guy.”

Chesworth said Kessler was an avid tennis player until about five or six years ago when health problems ended his playing. Lynch said he was also her firm’s pitcher on their Lawyer’s League softball team where she realized the respect for Kessler carried beyond their firm and the diamond.

She said the league wasn’t necessarily competitive, but could be at times, which is when Kessler provided a calming influence, respected by players on all the teams.

“He didn’t have to say or do anything,” Lynch said. “That was kind of the key. If somebody got riled, Irving would say ‘That’s enough.’ Whatever argument there was about who was out on first or second, dispersed. People respected him. It was his being him.”

Kessler, a 1952 graduate of Harvard Law School, started his career nearly 60 years ago as a general practitioner at the firm, which was then called Goldstein, Goldman & Goldman. His name went on the door when he became a partner in 1957. His practice came to focus on real estate and he was in that group in 1989 when Lynch joined the firm as a young associate.

“Irving was very capable, very revered among the legal community was my impression at the time,” she said. “You could learn a lot from Irving just by listening. He grew up in the city so he knew Rochester very well. He could tell you stories of every single building, who built it and who were the attorneys doing the deal. He was interested and knew the people and appreciated the other attorneys and whey they brought to the table.”

Kessler was also a decorated World War II veteran who served in Italy. Before law school, he attended Ohio State University.

In addition, Kessler, a 2002 recipient of The Daily Record’s Nathaniel Award for going “above and beyond the call of duty in the name of justice,” was very active in the community. Besides his work with MCBA, he was a trustee and past president of the Monroe County Library System and Rundel Library Foundation. He received the Harold Hacker Library Lifetime Achievement Award in 2005.

He previously served as director of the Rochester Economic Development Corp. and was a staunch support of The Jewish Home of Rochester.

Services are by the Brighton Memorial Chapel Inc.