Thank you for your answer. No I am even more stumped. The SS handbook #1001 that states "you perform services in a position compensated solely on a fee basis" (this is the info he gave me also) then you are exempt, this is what he is saying they fall under. Yes he does, because he only receives a fee if he recovers any money. If this is the case, how do I exempt him in Proseries Professional? I do not see a Section 218 agreement in the list of forms. 

And again thank you for your help.