I have spoken to a lawyer who has requested that I pay a “performance bonus” in addition to the agreed fee if the lawyer is able to prevent me from being indicted or secures either an acquittal or dismissal of charges pending against me. Is that proper?

It is not proper for the lawyer to make such a request under the Texas Disciplinary Rules of Professional Conduct. Under Rule 1.04(e) of the Texas Disciplinary Rules of Professional Conduct, a lawyer “shall not enter into an arrangement for, charge, or collect a contingent fee for representing a defendant in a criminal case.” In other words, a criminal defense lawyer cannot request a “bonus” that is contingent upon the outcome of a case.