I would definitely talk to the mother first, because that will show you tried to work it out the right way first. And I would absolutely set up an appointment with another counselor. You might want to look into a Pharmacologist/Counselor, that is who I took my son too. And they are educated completely on the subject of ADD and medications. They know the side effects and do not want to just put a child on it. At least mine didn't. He talked to us about all the pro's and con's, and other ideas to try with behavior modifications. As for waiting to see what she does, the only problem with that could be if the teacher decides she likes the way he behaves in her classroom better on it. Then it will be hard to convince anybody that he does not need it. It sounds like he has a good teacher though, so that may not be a problem for you. As for a lawyer, I never had to deal with that aspect of it, but it cannot hurt to talk to him. Good luck, I hope everything works out for you.