By JANE SCHMITT

Need an expert?

You've got one in Darren Graff, a Williamsville accountant with alphabet soup after his name - CPA, CVA, FCPA - and lots of experience in providing litigation support as an expert witness.

For years, Buffalo attorneys and their clients have been placing their confidence in Graff, a principal in Tronconi Segarra & Associates LLP, to nail the facts and provide testimony on everything from employee-embezzlement cases to shareholder disputes and insurance claims.

"It keeps you on your feet, that's for sure," says Graff, a certified valuation analyst and forensic certified public accountant. "You can never be too prepared."

That's precisely what attorneys are counting on. These days, the more complex the case, the more likely it is that litigators will engage an expert to present scientific, medical or technical evidence to successfully defend their client.

Outside experts are more important than ever, says Michael Perley, a partner in Hurwitz & Fine PC. And he doesn't have to go far to find them.

"I use an expert witness in virtually every case," says Perley, who handles personal-injury claims. "There are a lot of good people around here, both in and out of the medical field. I would say that 60 percent or so of the individuals that we retain to provide us with expert assistance in a case are from within 75 miles of Buffalo."

They aren't called experts for nothing, adds David Brock, a partner in Jaeckle Fleischmann & Mugel LLP who also practices personal-injury law.

"Certainly we do a lot with medical-expert testimony because we're dealing with injuries. Depending on the type of case, it can be anything from economic experts to engineers to accident reconstruction experts. There's a whole panoply of experts that we may have to reach out to from time to time - sometimes one or two in a case, sometimes multiple witnesses," Brock says.

"They are critical in establishing certain types of defenses that cannot be sustained in court without some expert testimony, because a lot of these issues are so sophisticated that they are beyond the grasp of an ordinary jury," he says. "The law pretty much is set up to permit, and in fact require, that when you're getting into very complicated scientific/engineering/medical principles, an expert needs to come in and explain these things to a jury."

When a forensic expert is hired by a litigator, he or she works as an agent of the attorney on such things as research, testing and analysis; consulting; and/or to testify at trial.

Making a match

So how do attorneys connect with these so-called independent contractors? There's a long list of search firms, including IMS ExpertServices, the Legal Expert Network and Expert Resources Inc. Local professionals, however, say they rely heavily on direct referrals.

"We get experts the way most people get carpenters and babysitters and housekeepers - a lot of it is really word of mouth." Brock says. "(It's) dealing with others in the field who have had experience with experts, who have developed relationships with them. Very often, that is how experts really come to be known."

He says his firm has tapped the services of numerous individuals locally and elsewhere.

"There are many, many expert witnesses in Western New York that we can look to, but we're not limited to the area," Brock says.

In fact, sometimes it's best to bring in someone from another part of the country, he says.

"In medical-malpractice cases, particularly, it is extremely difficult to find an expert locally who will testify on either side because there is a concern about doctors testifying against (other) doctors," Brock says.

Expert technique

When it comes to litigation support, Hurwitz & Fine's Perley says he looks for someone with considerable experience, strengths in objective analysis and a solid reputation.

Add this to the mix, Graff says: a calm, cool demeanor.

"I think experience is the big thing. And we obviously have the aptitude to do it, but the personality to do it, too," he says. "You have to have a strong personality and be able to stick to your guns under pressure during cross-examination."

He says he's a stickler for details and frequently is hired by attorneys as an expert witness on cases ranging from fraud investigation to infringement and matrimonial matters.

"We do preparation with the attorneys, and we know our strategy and position going into the case," Graff says. "It depends on the situation, but nobody ever really wants to go to trial. If it's a litigation matter, settle and get it over with. But if it does go to trial, then there is a lot of preparation that needs to go into it. We pay a lot of attention to the details. You have to expect the unexpected. You don't want any surprises on the stand."

Perley agrees that preparation is key.

"If you have an engineering situation or an accident reconstruction and you retain an expert, and that expert's opinion supports your case, then the preparation is incredible. You have to test your own opinion before you take it into the courtroom," he says. "You have to be devil's advocate with yourself. You have to go through all the areas where you believe your opponent - be it the plaintiff or defendant or co-defendant - is going to test that opinion and try to probe into it. It's a lot of work, but it can be a lot of fun."

Jane Schmitt is a Williamsville freelance writer.