In the Matter of the Application for Reinstatement of Richard D. Varriano, a Person Admitted to the Bar of the State of North Dakota Disciplinary Board of the Supreme Court, Petitioner
Richard D. Varriano, Respondent
Petition to Revoke Reinstatement.
A. Heintz, Bismarck, ND, for petitioner.
Richard E. Edinger, Fargo, ND for respondent.
1] Attorney Richard Varriano objects to a recommendation of a
Disciplinary Board hearing panel to this Court that his
conditional reinstatement to practice law be revoked and that
he be required to petition for reinstatement. We reject the
hearing panel's recommendation and continue
Varriano's reinstatement subject to modified conditions.
2] Varriano was admitted as an attorney in North Dakota on
January 5, 1988. In In re Varriano, 2010 ND 12,
¶ 8, 777 N.W.2d 852, this Court reciprocally suspended
Varriano from the practice of law for one year based on
ethics violations in Minnesota involving conflicts of
interest and misuse of a client trust account. See
In re Varriano, 755 N.W.2d 282 (Minn. 2008). Varriano
attributed the Minnesota ethics violations on his alcoholism.
In 2015 Varriano petitioned for reinstatement. In
Varriano v. Disciplinary Bd., 2015 ND 288,
¶¶ 3, 11-12, 872 N.W.2d 338, we noted Varriano had
been sober since March 19, 2011, after he had been arrested
for driving under the influence of alcohol, and adopted the
hearing panel's recommendation that he be conditionally
reinstated to the practice of law. Varriano's
reinstatement was subject to the following conditions:
(1) that he pay for the costs of the proceedings;
(2) that he comply with the continuing legal education
requirements of the admission to practice rules;
(3) that a limitation be placed on Varriano's practice
requiring association with an experienced supervising lawyer;
(4) that he work with the supervising lawyer on the financial
management of his law practice, fee agreements, avoiding
conflicts of interest, and on having a manageable case load;
(5) that he work with the Lawyer Assistance Program and set
up an individual assistance plan regarding maintaining his
sobriety while practicing law;
(6) that he maintain his sobriety;
(7) that he attend Alcoholics Anonymous meetings on at least